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RECORDS 


PLYMOUTH    COLONY. 


COUHT     OUDERS. 

YOL.  III. 

1651-1601. 


RECORDS 


OF    THE 


COLONY 


OF 


NEW     PLYMOUTH 


IN 


NEW  ENGLAND. 


PRINTED     BY     ORDER     OF     THE     LEGISLATURE     OF     THE 
COMMONWEALTH    OF    MASSACHUSETTS. 

EDITED    BY 

NATHANIEL  B.  SHUETLEFF,  M.D., 

MEllBEE   OF   THE   MASSACHUSETTS  mSTOKICAL  SOCEBTr,  FELLOW  OF   THE    AMERICAN  ACADEMY   OF  ART9 

ANB    SCIENCES,  MEMBER  OF   THE  AMERICAN    ANTIQUARIAN    SOCIETY,    FELLOW 

OF  THE  SOCIETY  OF   ANTIQUARIES  OF  LONDON,  ETC. 


COURT     ORDERS 
YOL.  III. 

1651—1661. 


BOSTON: 
FROM    THE    PRESS    OF    WILLIAM    WHITE, 

PRINTER  TO  THE   COMMONWEALTH. 


1855 

V 


UNIVERSilYt 


REMARKS. 


rr^HE  third  volume  of  Court  Orders  of  the  Colony  of  NeAV  Plymouth 
-^  is  contained  in  a  manuscript  of  about  three  hundred  and  forty 
pages,  all  in  the  handwriting  of  Mr.  Nathaniel  Morton,  secretary  of  the 
colony.  It  comprises  the  records  of  the  latter  part  of  the  administration 
of  Governor  William  Bradford,  and  the  first  part  of  that  of  Governor 
Thomas  Prence,  including  a  period  of  ten  years,  commencing  on  the 
second  day  of  March,  1651-2,  and  ending  on  the  twenty-third  day  of 
July,  1661. 

Occasionally  matter  of  a  miscellaneous  character  will  be  found 
entered  in  various  parts  of  the  volume ;  and  in  some  instances  this  wiU 
be  found  out  of  chronological  order.  Care  has  been  taken  to  make  the 
indexes  as  full  and  perfect  as  possible. 

N.  B.  S. 

December,  1855. 


MARKS  AND  CONTRACTIONS 


A  Dash  ~  (or  straight  line)  over  a  letter  indir.ates  the  omission  of  the  letter 
following  the  one  marked. 

A  Curved  Line  ~  indicates  the  omission  of  one  or  more  letters  next  to  the 
one  marked. 

A  .Superior  Letter  indicates  the  omission  of  contiguous  letters,  either  pre- 
ceding or  following  it. 

A  Caret  „  indicates  an  omission  in  the  oria;inal  record. 

A  Cross  X  indicates  a  lost  or  unintelligible  word. 

All  doubtful  T/ords  supplied  by  the  editor  are  included  between  brackets,  [  ]. 

Some  redundancies  in  the  original  record  are  printed  in  Italics. 

Some  interlineations,  that  occur  in  the  original  record,  are  put  between 
parallels,  ||    ||. 

Some  words  and  paragraphs,  which  have  been  cancelled  in  the  original  record, 
are  put  between  +   +  . 

Several  characters  have  special  significations,  namely :  — 


(w ,  —  annum,  anno, 
a,    —  an,  am,  —  curia,  curiam, 
a,    —  matrate,  magistrate, 
t),    —  her,  —  num%,  number  ;     Eofet, 
Robert. 

c,  —  ci,  ti,  —  accon,  action. 

CO,  —  tio, — jurisdiccbn,  jurisdiction. 
6,    —  ere,  cer,  —  ads,  acres. 

d,  —  ctd,.  delivered. 

e,  —  Trer,  Treasurer. 

e,    —  coinmitte,  committee, 
g,    —  gh  il,  general ;  Georg,  George, 
h,    —  chr,  charter. 
1,     —  begig,  beginig,  beginning, 
i,     —  ire,  letter. 

in,  —  mm,  mn,  —  coiiiittee,  commit- 
tee, 
ni,  —  reconidacon,  recommendation. 
iiJ,  —  mer,  —  fornJly,  formerly, 
m,  —  month. 

n,    —  nn,  —  Peri,  Penn  ;  aiio,  anno, 
fi,    —  Dili,  Domini. 
h,    —  ner,  —  manfi,  manner. 
0,    —  on,  —  mentio,  mention. 


0,  —  mo,  month. 

p,  —  par,  por,  —  pt,  part ;   ption,  por- 
tion. 
p,  —  per,  —  pson,  person. 
^3,  —  pro,  —  pporcon,  proportion. 
p,  —  pre,  —  psent,  present, 
cj,,  —  q,stion,  c[uestion. 
^,  —  esqp,  esquire, 
f,  —  Apr,  April, 
s,  —  s,  session  ;  sd,  said, 
s,  —  ser,  —  svants,  servants. 

1,  —  ter,  —  neuE,  neuter, 
t,  —  capt,  captain. 

vi,  —  uer,  —  seQal,  seueral. 

u,  —  abou,  aboue,  above. 

?,  —  ver,  —  se?al,  several. 

w, —  wn,  when. 

y%  the  ;  y'",  them  ;  y",  then  ;  y,  their  ; 

y%  this;  y',  that. 
3,  —  us,  — vilibs,  vilibus. 
^,  —  es,  et,  —  statut^,  statutes. 
^(3,  &d,  &c'',  —  et  cffitera. 
vizj,  —  videlicet,  namely. 
./        —  full  point. 

(V) 


CONTENTS  OF   VOLUME  III. 


COURT   ORDERS,    1651—1661, 


GENERAL   INDEX,        ^^^ 


PLYMOUTH  COURT  ORDERS. 


1651—1661. 


PLYMOUTH    RECORDS. 


THE   RECORDS   OF   THE   COLONY  OF   NEW  PLYMOUTH   IN 

NEW   ENGLAND. 

[The  third  volume,  coxnmencing  with  the  record  of  the  General  Court  held  on  the  second  day  of 
March,  1651-2,  and  ending  with  a  record  hearing  date  the  twenty-third  of  July,  1661,  is  entirely  in  the 
handwriting  of  Secretary  Morton.  As  in  the  case  of  the  preceding  volumes,  the  original  indexes  are 
not  printed  as  ivritten  in  the  manuscript,  but  are  incorporated  mth  that  expressly  prepared  for  the 
printed  copy.] 


ACTS   AND   PASSAGES   OF   COURT   AND   GRANTS   OF   LAND 
FROM   THE   YEAR   1651   UNTIL   THE   YEAR   1661. 

New  Plym.     Bradford,  Gou". 

*Att  a  Genevan  Court  holden  at  JYew    Plym,   the    2'"^  of  March,   1651-2. 

1651.  ^ — -"—^ 

2  March. 

Before  Wiliam  Bradford,  geii,  Gouer'',       John  Browne,  I-  ^'J 

Wiliam  CoUyare,  John  Alden,  and 

Captaine  Miles  Standlsh,  Captaine  Tho  Willet 

Timothy  Hatherley, 

Gen?,  Assistants. 

AT  this  Court  open  proclamacon  was  made,  that  whereas  Edmond  Weston 
had  letters  of  adminestration  graunted  vnto  him  att  the  Generall  Qourt 
holden  at  Plyin  aforsaid,  the  7""  of  June,  1648,  to  adminester  vpon  y"  estate 
of  Thomas  Howell,  deceassed,  and  hath  continewed  adminei  as  aforsaid  heth- 
crto,  that  if  any  can  claime  any  just  debt  from  the  estate  of  Thomas  Howell 
aforsaid,  they  are  to  com  in  and  demaund  it  betwixt  this  and  the  Generall 
Court  to  bee  holden  at  Plym  aforsaid  the  first  Tusday  in  June  next,  or  other- 
wise the  Court  will  then  graunt  vnto  the  said  Edmond  Weston  a  quietus  est. 

3 


4  PLYMOUTH    COLONY    RECORDS. 

1  G  5  1-2.  Fines  and  Scnsui-es. 

2  March.  Gorg  Pidcock,  for  vnadvised  taking  of  an  oath,  and  for  insolent  carriage 

BiiADFoiiD,   "towards  IM"'  Hatherley,  then  maiestrate,  was  fined  thirty  shillings,  to  bee  paid 

Go'i). 

betwixt  this  and  the  next  June  Court,  or  otherways  to  suffer  bodily  punish- 
ment. 

Nathaniell  Bassett  and  Josepth  Prior,  for  desturbing  the  chui-ch  of  Dux- 
burrow  on  the  Lords  day,  were  sentenced  each  of  them  to  pay  twenty  shil- 
lings fine,  or,  the  next  townc  meeting  or  training  day,  both  of  them  to  bee 
bound  vnto  a  j)ost  for  the  space  of  two  houres,  in  som  pub  place,  with  a  paper 
on  theire  heades  on  which  theire  capital  crime  shalbe  written  pspecusly,  soe 
as  may  bee  read. 

Samuell  Eaton,  for  pilfering  and  stealing,  sentenced  to  sit  in  the  stockes, 
and  accordingly  executed. 

Nicolas  Hide,  for  selling  a  gun  to  an  Indian,  fined  twenty  fine  pound,  the 
time  of  paiment  whereof  is  refered  to  the  consideracon  of  Captaine  Standish 
and  M"^  Browne  ;  further,  the  said  Nicolas  Hide  is  to  satisfy  Vssamequin  about 
a  peece  hce  had  of  him. 

The  Court  have  deputed  Captaine  Standish  to  rectify  the  bounds  betwixt 
Barnstable  and  Sandwidge  as  soone  as  conveniently  heS  can. 

Lfes  of  adminestracbn  are  graunted  vnto  Captaine  Standish,  Treasurer, 
to  adminester  vpon  the  estate  of  Henery  Dreaton,  dec. 
[*2.]  *Ralph  Allen,  Seni,  and  Richard  Kcrbey,  for  speaking  vild  and  deriding 

speaches  against  Gods  word  and  ordinances,  were  fined  fiue  pounds  a  peece,  to 
be  paied  betwixt  this  and  June  Court  ne:s^t,  or  if  not,  then  to  sufibr  bodily 
punishment  by  whiping. 

Wheras  complaint  is  made  ■^nto  the  Court  that  soin  of  the  towne  of 
Duxborrow  have  felled  and  spoyled  soin  timber  in  som  such  swampes  as  be- 
longe  to  the  cuntry,  — 

The  Court  haue  ordered,  that  noe  pson  or  psons  shall  henceforth  fell  or 
make  spoyle  of  any  such  timber,  in  any  such  swampes  belonging  to  the  cun- 
try in  generall,  vntell  further  order  bee  taken  about  the  same  at  the  next  June 
Court. 

A  warrant  was  directed  to  Gorge  Pidcocke,  cuntstable  of  Scittuate,  to 
warn  Peeter  Collymore  psonally  •  to  appeere  at  the  Generall  Court,  to  bee 
holden  at  Plym  aforsaid,  the  first  Tusday  in  June  next,  to  answare  for  such 
scandalus  and  reproachfuU  *peachcs  as  hee  hath  spoken  against  !M''  Hatherley, 
Assistant  to  the  gouerment. 

"Wheras  John  Willis,  of  Duxborrow,  complained  that  his  daughter  in 


COUET    OKDEKS.  5 

law,  Eebeckah  Palmer,  was  molested  and  hindered  in  pforming  faithfull  ser-    16  5  1-2. 
vice  vnto  her  m'',  vizj,  Samuell  Mayo,  of  Barnstable  by  the  wife  of  Trustrum  '^       ' 

Hull,  of  Barnstable  aforsaid,  the  Court  haue  sent  downc  order  by  Roger  bj^aotokd 
Goodspeed,  grand  iuryman,  of  Barnstable  aforsaid,  to  warn  the  wife  of  y"  ^°'^- 
said  Trustrum  Hull  to  desist  from  such  practises  any  further,  as  shee  or  any 
other  that  shall  soe  doe  will  answare  it  at  theire  perill ;  and  allsoe  that  the  said 
wife  of  Trustrum  Hull  doe  giue  answare  for  her  not  appeering  at  this  Coui-t 
nor  her  attornie,  to  answare  the  suite  coinenced  against  her  by  the  said  John 
WilUs. 

^lemorand:  that  Mercy  Tubbs  bee  warned  by  warrant  to  appeere  at  June  Mercy  Tubbs 
Court,  to  answare  for  mixed  dauncing,  whereof  shee  is  accused.  admonition. 

The  Coiut  haue  desired  that  a  pu.blicke  day  of  thanksgiving  throughout 
the  coUonie  may  bee  obserued  therin  to  giue  thankes  to  God  for  the  great  vic- 
tories graunted  to  the  army  in  the  behalfe  of  the  Parliament  and  comonwealth 
of  England. 

*  Presentments  by  the  Grand  Enquest,  on  March  the  2<=™'i,  1651.  ^  March. 

[*3.] 
Wee  psent  Jonathan  Couentrey,  of  the  towne  of  Marshfeild,  for  makeing  Departed  the 
a  mocion  of  marriage  vnto  Katheren  Bradberey,  servant  vnto  M'  Burne,  of  s™*"™™'- 
the  same  towne,  without  her  masters  consent,  contrary  to  Court  order. 

"Wee  further  psent  the  towne  of  Marshfeild  for  not  haueing  a  barrell  of  Engage  to  pro- 

...  J  cure  it  accord- 

powder  and  lead  m  towne  stock,  according  to  order.  ^^  ^o  o^4gf_ 

Wee  further  pteent  Edward  Williams,  of  the  towne  of  Scittuate,  for  tak- 
ing away  and  fraudulently  detaining  of  a  sacke   of  Gilbert  Brooks   his,  after  Edward  Wil- 

-.      jw     ■,  Hamfi  fined 

demaund  ot  the  same.  ^^^^  shillings, 

Wee  further  -psent  the  aforsaid  Edward  Williams  for  pilfering  of  wood  to  be  paid  by 

■^  the  next  Court 

firom  Goodman  Pinchins  dore.  of  Assistants. ' 

Wee  farther  ^sent  the  towne  of  Scittuate  for  not  haueing  a  barrell  of  Promised  to 

-  pi'ocure  it  out 

powder  &  ledd  in  store  according  to  order.  of  hand. 

Wee  further  ^sent  Katheren  Winter,  of  Scittuate,  for  comitting  y"  sinne  Could  not  ap^ 
of  fornication  with  her  father  in  law,  James  Turner.  C^^^^^  ^^^ 

Wee  fui-ther  ©sent  Abraham  Peirse,  of  the  towne  of  Duxbmi-ow,  for  sence  punished 

J^  att  Scittuate. 

slothfuU  and  negligent  spending  the  Saboth,  and  not  frequenting  the  pubHck 

assembly.    The  Court  saw  re.ason  to  excuse  him  for  p'sent,  but  sence  cleared,  with  ^vaming  to  amend. 

Wee  farther  fJsent  John  Barnes,  of  the  to«ne  of  Plym,  for  being  drunke  Cleared  by 

paling  the  fine.. 

on  the  26'  day  of  January  last  past.  rpj,g  cg^^j  ,^ij 

Wee  further  ©sent  the  towne  of  Rehoboth  for  not  haueing  a  gencrall  examine  the 

-■•  order,  and  doe 

stock  of  armes  according  to  order.  as  they  shaU 


see  reason. 


PLYMOUTH    COLONY    RECORDS. 


2  March. 
[Bradford, 
goveenoe.] 

[*4.] 


1G51-2.  *Wee  fiutlier  ^sent  the  towne  of  Taunton   for  not  hauing  a  common 

stock  of  powder  &  shott,  according  to  order.       They  will  endeavour  forthmth  to  provide. 

Wee  further  ^sent  the  towne  of  Sandwidge,  for  the  like  defecte. 
Wee  further  ^sent  Thomas  Launders,  of  the  towne  of  Sandwidg,  for 
haueing  a  child  born  within  thirty  weeks  after  marriage.     See  more  of  this 

the  36      page  of  this  booke.      Not  appeering,  fined  according  to  order. 

Rest  for  the  Wee  further  ^sent  Nicholas  Davis,  of  the  towne  of  Barnstable,  for  haue- 

p'sent,  because   .  i  -i  i    /<  i  i    /.  t    •        i     r'  t  • 

it  could  not  bee  u^g  *  child  five  weekes  and  foure  daies  before  the  ordinary  time  of  weemen 
fully  ended.       after  marriage. 

Cleared.  Wee  further  psent  Jonathan  Hatch,  of  the  towne  of  Barnstable,  for  fiu- 

nishing  of  an  Indian  with  gun,  powder,  and  shote. 


165  2.       '^tt  a  Court  of  Assistants   holden  at  JYew  Plym,  the  4"'  of  May, 

1652. 


4  May. 


Before  Wiliam  Bradford,  gent,  Gouerner,       Captainc  Miles  Standish,  and 
Wiliam  Collyare,  John  Alden, 

Gent,  Assistants. 

MR  PRENCE  and  M''  Collyare  are  ordered  and  requested  by  the  Court  • 
to  goe  to  Scittu.ate  as  soone  as  conveniently  they  can,  and  to  view  the 
ancient  bound  markcs  at  Scittuatc,  which  they  formerly  set  out,  and  to  make 
report  'STito  the  Court  how  they  find  them. 

Wheras  Ed-\vard  Holman  hath  been  obserucd  to  frequent  the  house  of 
Thomas  Sherive  at  vnseasonable  times  of  the  night,  and  at  other  times,  which 
is  feared  to  bee  of  ill  consequence,  — 

The  Court  hauc  therforc  ordered,  that  the  said  Edward  Holman  bee 
warned  by  the  cunstable  of  Plyni,  that  hee  henceforth  doe  no  more  frequent 
or  coin  at  the  house  of  the  said  Sherive,  nor  that  the  wife  of  the  said  Sherive 
doe  frequent  the  house  or  companie  of  the  said  Holman,  as  either  of  them 
will  answaro  it  at  theire  perills. 

Wheras  Josepth  Ramsden  hath  for  soin  time  liued  with  his  family  re- 
motely in  the  woods  from  naighbours,  wherby  his  wife  hath  been  exposed  to 
great  hardship  and  perill  of  loosing  her  life,  and  other  inconveniences  haue 
followed  therupon,  the  Court  haue  ordered,  that  the  said  Josepth  Ramsden  bee 
warned  by  the  cunstable  of  Plym   to   bring  his   wife    and   family,  with  all 


COURT    ORDERS.  7 

convenient  speed,  near  vnto  soSi  naighborhood,  that  soe  shee  may  bee  in  away      1652. 
of  healp,  as  nessesitie  shall  require,  as  hee  will  answare  the  neglect  therof  at    "       ^i 

,.  .,,  4  May. 

his  perill.  ,„ 

GoVDRNOK.] 


were  elected  Asistants,  and  sworne. 


*Att  the  Generall  Court  of  Election,  holden  at  Plym,  for  the  Juris-      s  June. 
dictio7i  of  JVew  Plym,  the  3"  of  June,  1652.  t*^-] 

Befor  Wiliam  Bradford,  gent,  Gouerner,  Timothy  Hatherley, 

Thomas  Prence,  John  Browne,  and 

Miles  Standish,  John  Alden, 
(Jentlemen,  Asistants. 

M^'  WILLAM  BRADFORD  elected  Gouerner,   and  sworne,  and  hath 
libertie  graunted  him  to  chose  a  depu?,  to  serue  in  his  roome  if  hee 
shall  haue  occation  to  bee  absent  any  pte  of  this  yeare. 

M"'  Thomas  Prence, 
Captaine  Standish, 
Timothy  Hatherley, 
John  Browne, 
John  Alden, 
Cap?  WiUet, 

Leiftennant  Southworth  not  sworne. 
Captaine  Miles  Standish  chosen  Treasurer. 

Freemen  admitted  this  Court,  and  sworne. 

M'  Tho  Allen,  Wiliam  Foard, 

Trustrum  Hull,  •  Ehsha  Besbey, 

Thomas  Huckens,  M"'  John  Freeman, 

Leiftenant  Perigrin  White,  John  Wetcome, 

John  Willis,  Nathaniell  ]Mayo. 

Wiliam  Twining, 

The  Names  of  such  as  stand  propounded  to  take  vp  their  Freedom. 

Abraham  Blush,  John  Woodfeild, 

Wiliam  Mericke,  Redulphus  Elmes, 

Tho  Ensigne,  I«aak  Chetendon, 


PLYMOUTH    COLONY    RECORDS. 


1652. 

John  Williams,  Junier,                             Samuell  Arnold, 

3  June. 
[Bhadford, 

John  Damman, 
John  Hore, 

Richard  Tayler, 
Richard  Seares, 

GOTEENOE.] 

+John  Barker,* 

Wiliam  Crocker, 

Leift"  Fuller, 

Austine  Bearce^ 

]\I'  Anthony  Aimes 

,                                  Zacary  Soule, 

Marke  Aimes, 

Edmond  Weston, 

AViliam  Sabin, 

Robert  Studson, 

John  Butterworth, 

John  Marchant, 

Robert  Fuller, 

Richard  Beare, 

Robert  Shelley, 

Samuell  Fuller,  Ju'n. 

[*6.] 

*The  Cunstables  of  the  seuerall  Townes. 

Plyfii,     .... 

.     .         Richard  Wright. 

Duxburrow,      .     . 

.     .         Wiliam  Bassett. 

Scittuate,     .     .     . 

f  John  Whetcom, 
1  William  Parker. 

Sandwidge, 

Jonathan  Fish,  to  bee  sworne 
[      at  home. 

Taunton,     .     .     . 

.     .          James  Walker. 

Yarmouth,  .     .     . 

rBeniaminc    Hammon,    to   bee 
\      sworne  at  home. 

Barnstable, 

James  Naiafhbore. 

Marshfeild, 

-Vnthonv  Snow, 
(  Lcil'tcnant  Perigren  White. 

Eehoboth,   .     ,     . 

.      .           Walter  Palmer. 

Eastham,     .     . 

fStcuen  Wood,  to  bee  sworne 
(      at  home. 

Plyfii, 


Duxburrow, 
Scittuate,  . 
Sandwidg, 


The  Deputies  of  the  seuerall  Townes. 

^V'  John  Howland, 
M'' Jolm  Winsiow, 
John  Dunham,  SenT, 
I  Leif?  Tho  Southworth. 
[  Constant  Southworth, 
I W  John  Bradford. 
f  M'  James  Cudworth, 
[  Humphry  Turner. 
f  Richard  Burne,  fined, 
(^Tho  Tupper. 


COURT    ORDERS. 


Taunton,    .  .  . 

Yarmouth,  .  . 

Barnstable,  .  . 

Marslifeild,  .  . 

ReliolDoth,  .  ,  , 


Eastham, 


Plyfii,  .     . 

DuxburroTV, 
Scittiiate,  . 
Sandwidge, 
Taunton,     . 

Yarmouth, 

Barnstable, 

Marshfeild, 

Eehoboth,  . 
Eastham, 


■  M'  Tho  Gilber, 
Leiftenant  Wyate. 
M.'  Anthony  Thacher, 
M'  Tho  Howes. 
Henery  Cobb, 
Nathaniell  Bacon. 

{Kanelme  Winslow, 
Tho  ChilUngsworth. 
(MJ  Tho  Cooper, 
\Steuen  Payne. 
Daniell  Cole, 
JEdward  Banges,J 
Nicalas  Snowe. 


The  Survayors  of  the  Highwaies. 

James  Cole,  Tho  Pope, 
■  Samuell  Sturtivant, 
Josepth  Warren. 


r  John  Hewes,  Sen!, 
1  Ephraim  Kemton. 

JEichard  Paule, 
\  Clement  Mayfeild. 
fWiliam  Lumpkin, 
(  John  Joyce, 
r  Abraham  Blush, 
(Dolare  Davice. 
r  Josepth  Bedle, 
\"Wiliam  Sherman, 
r  Josepth  Peck,  JunT, 
\  Jonathan  BHsse. 


*The  Grand  Enquest. 


1652. 

7  June. 

[BKADPORb, 

Gqteenor.] 


[n.] 


1.  M'  Tho  Dexter,  SenT, 

2.  Christofer  "Wads-worth, 

3.  Robert  Bartlet, 

4.  Tho  Whitney, 

5.  Edward  Bangea, 
VOL.  in.  2 


6.  Robert  Finney, 

7.  Samuell  Arnold, 

8.  Richard  Sares, 

9.  John  Chipman, 
10.  JohnTisdall, 


10 


PLYMOUTH    COLONY    RECOKDS. 


1652. 

' — t ■ 

3  June, 
[Bbadpord, 
goveenoh.] 


2  June. 


Fined  accord- 
ing to  the 
order. 

Freed  witli  ad- 
monishion  to 
amend. 


[•8.] 


11.  Wiliam  Hedges, 

12.  Robert  Caruer, 

13.  M'  John  Starr, 

14.  Eobert  Studson, 

15.  James  Torey, 

16.  Robert  Fuller, 

17.  Henry  Smith, 


18.  J  Samuell  House, 

absent  and  fined,* 

19.  Thc)  Dexter,  Jun', 

absent,  fined, 

20.  Wili  Swift,  absent,  fined, 
Marke  Aimes. 


Presentments  of  the  Grand  Enquest,  June  the  2°°°*,  anno  1652. 

Before  the  grand  enquest  proceed  to  f>sentments,  they  doe  ernestly  de- 
sire the  Court  to  take  in  to  consideracSn  the  great  disorder  that  is  in  the 
cuntrey,  for  want  of  just  and  equall  measures,  and  the  wrong  that  without 
speedy  redresse  may  come  therby,  and  likwise  that  there  may  bee  a  comon 
standard  in  euery  towneshipp,  y'  soe  the  grandiury  may  annually  try  the  meas- 
ures according  vnto  order. 

"Wee  ^sent  Josepth  Harding,  of  Eastham,  for  carrying  an  Indians  gun 
vnto  the  smith  to  bee  mended,  in  his  vnkels  name. 

Wee  farther  psent  John  Bryant,  of  Taunton,  for  exchanging  of  a  mus- 
kett  for  a  fowling  peece  with  the  Indians. 

"Wee  further  ^sent  Henery  Clark  and  Thurston  Clark,  Junior,  of  Namas- 
sakeesett,  in  the  liberties  of  Duxburrow,  for  not  frequenting  the  pubHcke  as- 
semblyes  on  the  Lords  day. 

Wee  further  ^sent  Gorg  Russell,  of  the  same  place,  for  the  same 
neglect. 

Wee  further  enquire  by  what  power  the  bench  and  comitties  doth  prohib- 
bite  the  inhabitants  of  the  collony  from  saineing  for  basse  at  the  cape,  by  an 
order  made  the  last  June,  anno  1651. 

*Forasmuch  as  there  is  euidence  brought  vnto  vs,  on  oath,  of  a  scandall 
that  is  layed  on  the  gouerment,  by  M'  Miller,  of  Yarmouth,  pubHckly  deliu- 
ered,  and  there  being  som  doubt  in  soffi.  few  of  the  jury,  by  reason  they  thinke 
there  is  not  sufficient  testimony,  which  they  conceive  may  sertainely  bee  ob- 
tained by  the  next  Court,  wee  doe  hereby  earnestly  desire  that  the  next  jury 
w(5uld  take  it  into  serius  considera66n,  as  a  matter  that  doth  much  concerne 
them,  to  vindecate  the  innosency  of  the  collony. 

Wee  further  ^sent  the  townes  of  Sandwidge  and  Mattakeesse,  or  Yar- 
mouth, for  not  building  a  bridge  over  the  Ellriuer,  according  to  order. 


Gorge  Russell,  for  abusing  the  cunstable  of  Scittuate  in  the  execucion  of 
his  office,  is  fined  3  pounds,  to  bee  paied  by  the  next  Court  6f  Assistants. 


COUKT    OKDEKS.  H 

Peeter  Worden  and  "Willam  Hailstone,  for  not  appeerlng  to  serue  on  the     1652. 
grand  enquest,  are  fined  according  to  order.  '       ''' 

The  Court  haue  ordered  M'  Hatherley  that  hee  take  course  that  the  mil-    [-bkadfokd 
letary  company  of  Scittuate  doe  traine  accofing  to  order  this  yeare,  and  that    Goternok.] 
hee  see  that  some  fitt  psons  bee  joyned  with  the  cunstables  of  Scittuate,  to  take 
view  of  theire  amunicion,  and  to  see  that  they  haue  poweder  and  shott  accord- 
ing to  order. 

Likewise  the  cunstable  of  Sandwidge,  by  a  warrant,  is  required  to  call 
vpon  the  leiftenant  and  Willam  Newland,  to  traine  the  milletary  companie 
of  Sandwidge,  and  if  hee  refuse,  to  appoint  theire  sergeant,  Peeter  Wright, 
to  doe  it. 

A  quietus  est  is  graunted  to  Edmond  Weston,  haueing  ben  adminestrator 
on  the  estate  of  Thomas  Howell. 

The  Court  haue  ordered,  that  all  pubUck  officers  shall  take  an  oath,  ac- 
cording to  the  nature  of  theire  office. 

David  Linnet  and  Hannah  Shelley,  for  vncleane  practises  eich  with 
other,  are  sentenced  by  the  Court  to  bee  both  publickely  whipt  at.  Barnsta- 
ble, where  they  Hue. 

*The  Office  of  the  Head  or  Chiefe  Marshall,  wheria  his  Oath  is  included.  [*9.] 

That  hee  bee  reddy  to  attend  the  GeneraU  Courts  and  theire  seuerall  ad- 
ioumments,  and  Courts  of  Asistants,  as  alsoe  the  Court  of  Cornissioners, 
when  they  meet  in  this  gouerment,  and  the  GoQrs  pson  especially,  at  these 
Courts. 

gcondiy^  jjgg  shall  faithfully,  with  what  speed  hee  may,  collect  and  gather 
vp  all  such  fines  and  summes  of  money  in  such  goods  hee  can  find,  of  euery 
pson  for  which  hee  shall  haue  warrant  soe  to  doe  by  the  GoQ,  or  any  of  his 
Asistants;  and  shall,  with  like  dillegence,  leuy  the  goods  of  euery  pson  for 
which  hee  shall  haue  warrant  soe  to  doe  by  any  execution  graunted  by  the 
Court,  and  that  the  same  soe  collected  or  leuied  shall,  with  all  convenient 
speed,  dehuer  in  to  the  Treasurer,  or  the  psons  to  whom  the  same  shall  be- 
longe ;  and  shall  serue  all  attachments  directed  to  him,  which  shall  com  to 
his  hands,  and  shall  pforme,  doe,  and  execute  all  such  lawfuU  demaunds,  di- 
rections, and  warrants  as  by  lawfuU  authoritie  heere  estabhshed  shallbee 
comitted  to  his  care  and  charge,  without  favor  or  partiallytie  to  any  pson,  and 
shall  take  onely  his  ordinary  fees  allowed,  without  exaction  vpon  any  pson, 
and  shall  safely  keepe,  as  head  marshall,  all  such  psons  as  shallbee  comitted 
to  his  custedie  by  the  gouerment,  GoQ,  or  any  of  his  Asistants ;  and  shall 
haue  full  power,  in  case  hee  see  ocation  to  require  aide  and  asistance  of  any. 


12  PLYMOUTH   GOLONY   RECORDS. 

1652.     to  assist  him  in  the  execution  of  his  office  :  and  the  adminestracion  of  his  office 
^       '      ""   shall  extend  to  all  places  within  the  lymets  of  this  gouerment,  &fi. 

3  June. 

GovEKNOE.]  The  Office  of  the  Vnder  Marshall,  -wherin  his  Oath  is  encluded. 

That  hee  bee  reddy  to  attend  the  Generall  Courts  and  Coui-ts  of  Asist- 
ants,  and  to  doe  such  service  as  shalbee  coSiiaunded  him  by  the  GoQ,  or  any 
of  his  Asistants,  and  shall  reddily  execute  and  inflicte  all  such  sensures  and 
punishments  as  by  authoritie  of  this  pisent  gouerment  shalbee  adjudged  to  bee 
inflicted  vpon  any  deHnquents  and  offenders,  according  to  the  nature  of  all 
such  "warrants  and  manda?s  as  shalbee  directed  to  him,  without  favor  or  partial- 
lity  to  any  pson ;  and  shall  faithfully  and  safely,  as  vnderkeeper,  or  vnder 
marshall,  keepe  all  such  deliaquents,  and  malefactors,  and  fellons  as  shalbee 
comited  vnto  him ;  and  shall  take  onely  his  ordinary  fees  allowed,  without 
exaction  vpon  any,  &6. 

4  June.  *June  the  4"^- 

[*10.]  Leiftenant  Samuell  Nash  was  chosen  and  approued  by  the  Coiurt  to  serue 

in  the  office  of  cheife  marshall,  according  to  the  extent  of  the  said  office 
alreddy  entered,  and  is  to  haue  for  his  wages  20  marke  p  annum,  besides  his 
ordinary  fees  allowed  by  the  Court. 

The  Fees  of  the  Cheife  Marshall,  allowed  by  y*  Court. 

It,  for  serueing  an  execution, 00  :  05  :  00 

n,  for  his  journey  about  it,  3*  p  mile. 

It,  for  serueing  an  attachment, 00  :  02  :  06 

n,  for  a  comitment, 00  :  02  :  06 

II,  for  euery  action  that  is  entered, 00  :  00  :  06 

n,  all  the  on  halfe  of  all  fines  not  exceeding     .     .     .  00  :  06  :  00 

Att  the  same  Court  as  aforsaid,  Thomas  Sauory  is  endented  with  by  the 
Court  to  serue  in  the  office  of  vnder  marshall,  or  executioner,  according  to 
the  tearmes  and  nature  of  his  said  office  alreaddy  entered,  and  is  to  haue  20 
nobles  p  annum,  besides  his  ordinary  fees  allowed  by  the  Court. 


COURT    ORDERS. 


13 


*Mt  the  2"^  Session  of  the  Generall  Court,  holden  att  JVew  Plym,     165  2. 

the  29  of  June,  1652. 


29  June. 


[Bkadford, 
Before  "Wiliam  Bradford,  gen?,  Gr',  Timothy  Hatherley,  Gqveenoe.] 

Thomas  Prence,  John  Browne,  and  [*11-] 

Captaine  Miles  Standish,  John  Alden, 

GenI,  Assistants. 

~¥"]rTlIEEAS  complaint  is  made  that  the  lower  way  betwixt  Sandwidg  and 
T  T  Barnstable  is  enterupted  and  hindered,  the  Court  haue  ordered,  that 
M"^  Prence  or  Captaine  Standish,  as  soone  as  conveniently  they  can,  shall  haue 
power  to  impannell  a  jury  to  lay  the  said  way  out  as  conveniently  as  they  can 
for  the  vse  of  the  countrey,  vnles  the  towne  of  Barnstable  will  of  themselues 
allow  it  for  a  common  hieway. 

M'  Cottingtons  letter,  in  way  of  complaint  against  Wiliam  Sabin,  haue- 
ing  been  read  and  considered  in  the  Court,  the  said  Wiliam  Sabin  saith  that 
hee  hath  been  with  M"^  Cottington  sence  M""  Browne  did  speake  with  him,  and 
saith  M"^  Cottington  said  hee  was  satisfyed,  and  was  not  soe  much  offended 
with  him  as  others  were.  The  Court  haue  ordered  the  said  Sabin  psonally  to 
appear  att  the  next  Generall  Court,  and  giue  in  vnder  M'  Cottingtons  hand 
that  hee  is  satisfyed  about  the  speeches  the  said  Sabin  spake  that  conserned 
him,  or  bee  reddy  to  answare  his  further  complaint. 

The  Court  haue  appointed  Captaine  Standish  to  take  some  speedy  course 
with  som  workmen  to  mend  the  bridge  att  Joanes  Eiuer,  and  if  workmen  will 
not  bee  procured  to  worke  att  it  willingly,  hee  hath  power  heerby  to  presse 
men  to  worke  theratt. 

The  Court  haue  appointed  M"^  Browne  to  impannell  a  jury  forthwith,  to 
lay  out  a  way  betwixt  Taunton  and  Plymouth. 

Conserning  the  difference  betwixt  the  jurisdictions  of  the  Massachusetts 
and  Plymouth  about  the  lands  that  hath  been  in  difference  betwixt  the  Massa- 
chusets  &  vs  att  Conahassett,  the  Court  haue  refered  the  determinacon  therof 
vnto  the  comissioners  att  theire  next  meeting,  according  to  the  articles  of  con- 
federacSn 

Wheras  there  hath  been  a  purchase  of  land  made  by  som  of  the  inhabit- 
ants of  Scittuate  of  Josiah  Wampatuck,  an  Indian  sagamore,  forasmuch  as 
they  haue  bought  nothing  but  what  was  formerly  graunted  by  the  Court,  the 
said  Court  haue  remited  what  might  bee  a  breach  of  order  therin. 

The  Coui-t  are  willing  and  doe  agree  to  sett  and  lett  y«  trade  at  Kenebeek 


14  PLYMOUTH    COLONY   EECORDS. 

1652.     to  those  that  formerly  hade  yt,  on  such  tearmes  as  they  formerly  had  yt,  if 
^  the  rest  of  the  p'eners  not  ^sent  bee  willing,  for  three  yeares,  or  soe  long 

29  June. 

[Beadpord    *^6^o^  ^s  they  shall  stay  in  the  gouerment  j  but  if  they,  or  any  of  them,  doe 
GovBBNOB.]    depart  out  of  it  before  the  said  tearme  bee  expired,  they  are  then  to  leaue  yt. 
[*12.]  *The  Court  haue  ordered,  that  the  summe  of  forty  pounds  promised  and 

engaged  to  bee  paied  to  M'  CoUyare,  that  which  remaines  of  yt  vnpaied  by 
each  towne  according  to  therre  proportions  shalbee  paid,  and  this  to  bee 
directed  to  the  seuerall  townes,  that  they  make  paiement  therof  into  the 
hands  of  the  Treasurer  according  to  this  order. 

These  are  the  seuerall  summes  due  to  the  said  M"^  CoUyare  firom  the  seu- 
erall townes,  according  to  that  ■which  is  aboue  expressed. 

i         8  d 

Plyfli, 04:04:00 

Duxburrow, 03  :  06  :  08 

Scittuate, 06  :  00  :  00 

Sandwidge, 04  :  06  :  08 

Taunton, 03  :  06  :  08 

Yarmouth, 03  :  06  :  08 

Barnstable, 03  :  10  :  00 

Marshfeild, 03  :  06  :  08 

Kehoboth, 05:14:04 

Eastham, 02  :  13  :  04 

Wheras  a  petition  is  now  againe  prefered  vnto  the  Court  from  Scittuate 
about  miletary  oifecers,  the  Court  doe  approue  of  and  appoint  M'  James  Cud- 
worth  for  captaine  of  the  milletary  company  of  Scittuate,  and  M"^  John  Varssell 
for  leiftenant,  and  of  M'  Josepth  Tilden  to  bee  ensigne  of  the  said  companie. 
The  Court  haue  agreed  with  Captaine  Standish  about  the  house  that  was 
M'  Hopkinses,  in  which  hee  is  to  see  that  a  convenient  place  bee  made  to 
keepe  the  common  stocke  of  powder  and  shott,  and  the  countrie  to  make  other 
vse  therof  as  they  shall  haue  occation  for  the  meetings  of  the  comitties  & 
juryes  and  other  such  like  vses  ;  and  it  is  to  bee  repaired  att  the  countryes 
charge,  provided,  that  when  the  owners  doe  make  vse  therof,  they  are  to  make 
satisfaction  for  the  repairing  therof 
A  quietus  est  Att  this  Court,  Edmond  Weston,  of  Duxburrow,  was  discharged,  acquit- 

Edmond  Wes-  ^^'  ^^^  released  from  aU  bonds,  debts,  dues,  and  demaunds  that  might  bee 
*""•  required  of  him  as  adminestrator  vpon  the  estate  of  Thomas  Howell,  deceased, 

haueing  giuen  in  his  accounts  and  proceedings  vnto  the  Court  of  his  said 
adminestratorshipp. 


COURT    ORDERS.  15 

An  execution  graunted  to  M'  Wiliam  Alford,  of  Boston,  against  Captaine     16  52. 
Nathaniell  Thomas,  for  seauen  pound  dammage  and  charges.  '' 

29  June. 

Lres  of  adminestration  are  graunted  vnto  Mary  Ewer  to  admmester  vpon    brj^dpord 
the  estate  of  John  Ewer,  deceased.  ®°^- 

M'  Anthony  Thacher  is  allowed  and  appointed  by  the  Court  to  admines- 
ter  the  ordinance  of  marriage  at  Yarmouth  as  occation  shall  require. 

*It  is  ordered, —  [*13.] 

And  the  Captaine  Standish  or  M"^  Prence  are  authorised  to  impannell  and 
indiflFerent  jurey  out  of  the  4  townes,  videlect,  Sandwidge,  Barnstable,  Yar- 
mouth, and  Eastham,  to  lay  out  the  conTenientest  waie  from  Sandwidge  to 
Plymouth  for  a  countrey  way  as  speedily  as  may  bee  donn. 

July  the  twenty-sixt,  1653.  26  July. 

"Wee  whose  names  are  vnderwritten,  being  sumoned  by  M'  Bradford, 
Gouemer,  on  an  enquest  to  make  enquiry  how  Eobert  Wille,  aUias  "Willis, 
soffitimes  of  Milbrooke,  in  the  countey  of  Cornwall,  and  sence  belonging  to 
"Winter  Harboure,  at  Saco,  in  New  England,  came  by  his  sudden  death ;  and 
the  body  of  the  said  "Wille,  allias  "Willis,  being  brought  on  shore  and  by  vs 
viewed,  and  finding  noe  wound  about  him  which  might  cause  his  death,  and 
haueing  alsoe  made  all  due  enquiry  about  the  fJmises,  declare  that  wee  find  as 
followeth  :  videlecet,  that  the  said  Eobert  "Wille,  allias  "Willis,  being  vp  the 
greatest  pte  of  the  night  att  the  house  of  James  Cole,  of  Plym,  with  other 
fishermen  and  som  of  the  said  towne  of  Plymouth,  and  haueing  drunke  beer 
and  stronge  waters,  and,  almost  at  the  break  of  the  day,  goeing  on  board  the 
boate  to  which  hee  belonged  to  goe  out  on  fishing,  and  being  in  the  stern  of 
the  said  boate,  and  assaying  to  thurst  the  said  boate  of  from  another  boate  that 
was  by  her,  or  endeauoring  to  hange  his  rudder,  hee  fell  ouer  board  in  to  the 
water,  and  soe  Jwas  drownedj  ended  his  life. 

Witnes  our  hands,  GYLES   RICKAED, 

Leiftea  THO:   SOUTHWOETH, 

THOMAS   CLAEKE, 

THOMAS  POPE, 

JOSHUA  PEAT, 

SAMUELL  HICKES, 

JOHN  MOETON, 

NATHANIELL  "WAEEEN, 

ANDEE"W  EINGE, 

HENEEY  WOOD, 

JOHN  WOOD, 
The  mark— rr  of  HENEEY   ATKESON. 


16  PLYMOUTH    COLONY    RECORDS. 

1652.      The  note  of  the  pticulars  -which  wee  find  belonging  to  the  said  Robert  Wille, 

'       '  allias  "Willis. 

26  July.  t        9        « 

Bkadpoed,  It  a  pcell  of  old  clothes,  vallued 01 :  10 ;  00 

Go0.  J 

It,  the  fourth  pte  of  six  barrells  of  mackerell. 

3  September.  *Septeniber  the  3*,  1652. 

[*14.] 

Wee  ■whose  names  are  vnderwritten,  being  summoned  on  an  enquest  by 

Captaine  Miles  Standish,  to  make  enquiry  about  the  mannor  of  the  sudden 
death  of  James  Glasse,  declare  that  -wee  find  as  foUoweth  :  — 

Videlecet,  that  the  day  of  the  date  heerof,  in  the  morning,  it  being  very 
stormy  weather,  riding  att  the  Gurnetsnose,  before  the  mouth  of  Plymouth 
Harbour,  in  a  boate  to  which  hee  belonged,  they  were  forced  thence  by  the 
stresse  of  weather,  and  were  forced  on  shore  on  backside  of  the  beach ;  and  • 
coming  neare  the  shore,  the  surges  being  violent,  hee  was  beaten  of  the  fore 
cuddey  of  the  said  boate  into  the  water,  and  soe  ended  his  life ;  and  his  body 
was  found  dead  and  taken  vp  driveing  near  the  place.  And  wee  further  de- 
clare, that  haueiug  all  viewed  his  body,  wee  found  noe  wound  or  other  cause 
that  might  occasion  his  death. 

Witnes  our  hands,  JOHN   DUNHAM,  Sen. 

THOMAS  SOUTHWORTH. 
GORGE  WATSON, 
THOMAS   CLARKE, 
The  mark  of  T  THOMAS   WHITNEY, 
EPHRAIM   MORTON, 
SAMUELL   HICKES, 
SAMUELL  DUNHAM, 
The  marke^of  JOHN   SMITH, 
JOHN   BOWER, 
JAMES   SHAWE, 
The  marke  IH  of  JOHN  HEWARD. 

The  time  of  the  charge  of  the  maiestrates  table  begins  yearly  June  the 
first  fi-om  the  yeare  1651. 

Att  the  2°™*  session  of  the  Generall  Court,  holden  att  Plymouth  the 
29  of  June,  1652,  Nathaniell  Morton  was  sworn  to  the  office  of  the  clarke 
of  the  Court,  the  tenure  of  whose  office  and  oath  is  faithfiilly  to  record 
all  such  things  as  shalbee  committed  vnto  him  by  lawfull  authoritie  to  bee 
recorded  or  enrowled  j  g^onaiy^  to  keepe  aU  such  secrets  of  the  Court  of  Males- 


COURT    ORDERS.  I7 

trates  as  shal  bee  lawfull  or  requisite  soe  to  bee  kepte,  and  to  attend  att  courts,      16  52. 
and  to   pform  such  otber  services  as  ocation  shall  require  behoofFuU  to  the    ' ^^ 

place  and  office.  ^  September. 

Beadpord, 
Go9. 


*J.tt  the  Generall  Court  holden  at  JVew  Plymouth,  the  fift  of         5  October. 

October,  1652.  [*15.] 

Befor  Wiliam  Bradfod,  gen?,  GoQ, 

Miles  Standish  and  Timothy  Hatherley,  Gen?,  Assistants. 

T)  RESENTMENTS  by  the  grand  enquest  :  — 

Wee  gisent  WilUam  Hedge,  of  Yarmouth,  for  selling  wine  and  Strong 
waters  without  lycence. 

"Wee  present  the  townshipps  of  Plymouth  and  Duxburrow  for  not  repa;ir- 
ing  of  Joanses  B,iuer  bridge. 

Wee  p>sent  the  towne  of  Scittuate  for  not  repairing  the  South  Bluer  bridge. 

Wee  ^sent  the  survayors  of  Plymouth  for  neglecting  to  mend  the  high 
wayes. 

Wee  ^sent  James  Cole,  of  Plymouth,  for  entertaining  townsmen  in  his  Aoquited. 
house,  contrary  to  order  of  Court. 

Wee  g>sent  Thomas  Clarke  and  John  Moses,  of  Plymouth,  for  staying  Acquited. 
and  drinking  at  James  Coles,  contrary  to  order  of  Court. 

Att  the  Court  abouemencioned  open  proclamacon  was  made,  that  if  any 
could  lay  any  just  claime  vnto  any  pte  of  the  estate  of  Ephraim  Kemton, 
deceased,  they  might  come  in  and  bee  heard ;  but  none  appeered  for  that  pur- 
pose ;  whervpon  the  Court  graunted  a  quietus  est  vnto  Mannasses  Kemton 
and  Ephraim  Kemton,  Junier,  who  were  bound  vnto  the  Court  to  giue  in  a 
true  account,  vpon  demaund,  of  theire  administratorshipp  conserninge  the  said 
estate  vnto  the  said  Court. 

The  Court  doth  allow  and  approue  of  Matthew  Fuller  for  leiftenant,  and 
of  Barnard  Lumbert  for  ensigne  bearer,  of  the  millitary  company  of  Barn- 
stable. 

The  Names  of  those  whom  the  Treasurer  hath  appointed  to  receiue  the  Oyle 

for  the  Countrey. 

For  Eastham, M'  Prence. 

For  Yarmouth, M'  Howes. 

VOL.   III.  3 


18  PLYMOUTH    COLONY    KECORDS. 

1652.  For  Barnstable, John  Chipman. 

For  Sandwidsre, Eichard  Bourne. 

5  October.  ° 

GoO.    '  *Christopher  Winter  being  suspected  fraudulently  to  haue  cutt  a  coult, 

[*16.]       that  soe  the  right  owner  therof  might  nott  bee  knowne,  for  which  the  said 
Winter  standeth  bound  vnto  the  Court  in  the  summe  of  twenty  pound. 

The  condicSn,  that  if  the  said  Christopher  Winter  doe  psonally  appeer  att 
the  Generall  Court  to  bee  holden  at  Plymouth  the  first  Tusday  in  March  next, 
and  bee  reddy  to  answare  vnto  what  shall  bee  farther  enquired  of  him  by  the 
Court  conserning  the  said  coult,  and  not  departe  the  said  Court  without 
lycence ;  that  then,  &6. 

The  oath  of  Rachell  Eamsden  conserning  the  said  Coult. 

Rachell  Eamsden,  aged  twenty-six  years  or  therabouts,  being  deposed, 
saith  that  shee  heard  Goodwife  Eaton  say  that  Christopher  Winter  and  Samuell 
Eaton  were  together  on  Munday  last ;  and  that  shee  heard  her  husband  say 
that  hee  bid  Goodman  Winter  not  deney  that  hee  had  cut  the  coult,  the  said 
Winter  being  angry  that  hee  should  soe  speake ;  "  for,"  said  hee,  "  it  is  true, 
Goodman  Winter ;  for  I  was  with  you  att  worke  then,  and  saw  it." 

Samuell  Eaton,  aged  32  years  or  therabouts,  being  deposed,  saith  that 
Goodman  Winter  said  the  coult  was  cutt,  and  tould  him  hee  knew  who  cutt 
him. 

The  Court  doe  request  and  appoint  M'  Hatherley  to  make  enquiry  con- 
serning a  stray  steere  which  is  att  Thomas  Tildens,  at  the  North  Eiuer,  in  the 
bounds  of  Marshfeild,  which  steer  M'*  Eichards  layeth  claime  vnto,  and  to 
vse  his  best  endeavor  to  find  out  whether  hee  bee  hers  or  noe ;  and  incase  the 
right  owner  can  bee  found,  and  will  pay  the  charges  of  his  keeping,  that  then 
hee  cause  him  to  bee  deliuered  vnto  them. 

Wheras  a  petition  was  prefered  to  the  Coiut  by  John  Hoare  conserning 
the  lands  att  Conahassett  sold  by  M'  Hatherley  vnto  sundry  psons  of  Scittu- 
ate,  which  the  Court  haueing  heard  and  considered  of,  haue  ordered  and  doe 
request  M"^  Hatherley  to  signify  vnto  those  whom  it  consernes  that  the  Court 
doth  heerby  requii-e  them  either  to  come  to  an  equall  deuision  of  the  said 
lands,  according  to  the  deed,  or  to  returne  a  reason  vnto  the  Covirt  wherfore 
they  doe  not  at  the  next  Generall  Court ;  vnles  the  pties  shall  see  reason  and 
shalbee  willing  to  issue  it  by  refering  it  vnto  som  endiiferent  men,  that  they, 
together  with  John  Hoare,  shall  thinke  meete  by  joynt  consent  to  refer  it 
vnto  ;  the  which  latter  wee  desire  may  bee,  as  thinking  it  the  best  way  to  end 
the  difference  about  it. 


COURT    ORDERS. 

*The  Bates  of  the  seuerall  Townes  within  this  Jurisdiction  for  the  Officers 

Wages. 

Plymouth, 03  :  14  :  00 

Duxbuirow, 03  :  07  :  04 

Scittuate, 06  :  01  :  00 

Sandwidge, 03  :  07  :  04 

Taunton, 03  :  07  :  04 

Yarmouth, 02  :  17  :  04 

Barnstable, 03  :  14  :  00 

Marshfeild, 02  :  17  :  04 

Eehoboth, 05  :  01  :  00 

Eastham, 02  :  14  :  00 

Sowams, 01  :  10  :  00 

Dartmouth  is  to  pay 02  :  00  :  00 

40  : 10  :    8 

Wheras  a  petition  was  prefered  by  Robert  Bartlet  ynto  the  Court  holden 
att  Plymouth  the  7"^  of  October,  1652,  therin  requesting  that  wheras  sundry 
speeches  hatie  pased  from  sofii  who  pretend  themselues  to  bee  the  sole  and 
right  heires  vnto  the  lands  on  which  the  said  Eobert  Bartlet  now  liueth,  at 
the  Eelriuer,  in  the  townshipp  of  Plymouth,  which  hee,  the  said  Eobert,  had 
bestowed  on  him  by  his  mother  in  law,  M'^  Elizabeth  Warren,  in  marriage 
with  her  daughter ;  by  which  said  speeches  and  passages  the  said  Eobert  hath 
ben  dishartened  in  his  proceeding  either  in  building,  fencing,  &d ;  the  Court 
haueing  taken  the  ^mises  into  serivs  consideraoon,  and  haueing  serched  what 
the  Court  hath  vpon  record  extant,  and  what  could  bee  manifested  vpon  mem- 
ory by  those  that  then  were  cheife  and  had  speciall  hand  in  carying  on  and 
menageing  the  former  affaires  of  the  countrey,  and  doe  therby  find  that  M'' 
Elizabeth  Warren,  who  gaue  the  said  lands  vnto  the  said  Eobert  and  others 
in  like  condicion,  had  power  soe  to  doe,  as  being  by  an  order  of  Court  bear- 
ing date  March  the  7*'',  1637,  and  other  actes  of  Court  before,  envested  into 
the  state  and  condicon  of  a  purchaser,  as  in  the  said  order  is  expressed ;  the 
said  Court  doth  by  these  presents,  therefore,  further  ratify  and  confeirme  the 
aforesaid  actes  of  Court  wherby  the  said  Elizabeth  Warren  is  declared  to  haue 
right  to  despose  of  the  aforsaid  lands,  approueing  and  allowing  of  the  aboue- 
said  gift  of  land  vnto  the  said  Eobert  Bartlet  and  others  in  like  condicSn 
with  him,  to  bee  vailed  to  his  and  their  heires  and  assignes  for  euer. 


5  October. 
Bradfoed, 

Goe. 
[n7.] 


.20 


PLYMOUTH    COLONY    RECORDS. 


1652. 

7  December. 
[Bradford, 
Governor.] 

[ns.] 


*Mt  a  Court  of  Assistants  holden  at  JVcic  Plymouth  the  T"  of 

December,  1652. 

Before  Wiliam  Bradford,  gen?,  Gouef,         John  Alden,  and 
Miles  Standish,  Thomas  Willett, 

Timothy  Hatherley, 

Gent,  Assistants. 

WHERAS  there  is  a  beast  tendered  vppon  specialtie  from  the  estate  of 
Edward  Hall,  and  that  the  said  beast  is  attached,  which  attachment  is 
vntell  the  next  March  Court,  and  the  said  beast  was  to  bee  deliuered  by  the 
specialtie  the  twenty -fift  of  this  f  sent  month ;  the  Court  doth  order  Constant 
Southworth  to  take  order  for  the  wintering  of  the  said  beast,  and  for  what 
dammage  may  come  either  by  the  lose  of  the  beast  or  the  charge  of  the  win- 
tering, to  bee  payable  from  the  estate  of  the  said  Hall  vnteU  it  bee  orderly 
tryed ;  and  the  said  beast,  when  shee  is  deliuered,  is'  to  bee  vallued  by  two 
indifferent  men. 

Wheras  Wiliam  Brett  hath  formerly  sold  an  house  and  land  vnto  Edward 
Hall,  and  that  it  doth  appeer  that  there  is  not  any  record  of  the  sale  therof 
extant,  the  Court  doth  giue  leaue  vnto  and  order  the  said  Brett  to  take  posses- 
ion of  the  said  house  and  lands  againe. 

"Wheras  att  the  Court  held  att  New  Plymouth  June  the  foujrth,  1652,  a 
suit  was  coinenced  by  the  inhabitants  of  the  Eelriuer  against  the  townes  of 
Sandwidge,  Yarmouth,  and  Barnstable,  for  not  building  a  bridge  ouer  the  said 
riuer,  according  to  order  of  Court ;  the  jurye  then  finding  for  the  plaintifes, 
and  assessed  twenty  pound  dammage  and  the  charges  of  the  Court ;  and  the 
bridg  now  ouer  the  said  riuer  to  bee  to  the  countryes  vse,  judgment  being 
then  alsoe  graunted  by  the  Coui-t  according  to  the  verdict;  and  wheras  a 
review  of  the  said  suite  at  the  said  Coui-t  was  alsoe  graunted  vnto  the  agents 
of  the  abouesaid  townes,  whervppon,  as  hopeing  alsoe  the  said  townes  and 
pties  in  difference  would  seasonably  compound  the  said  differences  about  the 
^mises,  execution  hath  been  stayed;  but  forasmuch  as  nothing  hath  heth- 
erto  been  donn  either  by  composition  or  further  procecution  of  the  review 
graunted,  — 

The  Court  doth  therfore  order,  that  incase  the  said  townes  doe  not  come 
to  composition  with  the  abouesaid  plaintifes  betwixt  this  fsent  day,  being  the 
T^  of  December,  1652,  and  the  Generall  Court  to  bee  holden  at  Plymouth 


COURT    ORDERS. 

aforsaid  the  fii-st  Tusday  in  March  next,  that  then  execution  shalbee  graunted 
vnto  the  abouesaid  inhabitants  of  the  Eelriuer  to  recouer  by  destraint  what 

the  jurye  as  abouesaid  hath  awarded.  ^  December. 

[Bbadfokd, 
gotebnoe.] 


*Att  a  Generall  Court  holden  at  Plymouth  the  first  of  March,  1652.   1 6  5  2-3. 


Before  Wiliam  Bradford,  gent,  GoQ,  John  Browne, 

Thomas  Prence,  John  Alden,  and 

Miles  Standish,  Thomas  Willet, 

Timothy  Hatherley, 

Gent,  Asistants. 

WHERAS  Edward  Hall  is  departed  the  gouerment,  endebted  vnto  divers 
men  much  more  than  his  estate  will  amount  vnto  and  satisfy,  the 
Court,  haueing  seriusly  considered  of  the  p>mises,  doe  order  that  the  estate 
shalbee  equally  devided  vnto  such  creditors  as  can  make  full  proof  of  theire 
debts  proportionable  to  what  is  owing  them  from  him,  and  that  all  such  shall 
repaire  vnto  Cap?  Standish,  M'  Alden,  M'  CoUiare,  and  Constant  Southworth, 
of  Duxburrow,  betwixt  this  ^sent  day  and  the  first  of  May  next  ensuing  the 
date  heerof ;  the  said  Capt  Standish  and  the  rest  aboue  expressed  being  those 
whom  the  Court  haue  deputed  to  haue  the  ouersight  of  the  desposing  of  the 
said  estate  according  as  is  aboue  mensioned ;  and  all  such  as  shall  neglect  to 
come  in  and  make  claime  of  theire  debts  by  the  time  aboue  prefixed  shall  lose 
theire  proportion  of  the  aforsaid  estate. 

Wheras  complaint  is  made  that  som  of  the  nalghbouring  Indians  of  the 
towne  of  Eehoboth  haue  sustained  great  dammage  in  their  come  by  the  horses 
and  other  cattle  of  the  said  towne,  and  that  the  grandiurymen  of  Eehoboth 
haue  been  by  the  Court  enquired  of  about  it,  and  they  know  nothing  of  yt, 
M"^  Browne  is  requested  and  deputed  by  the  Court  to  make  enquiry  of  what 
dammage  is  donn  them  in  that  respect,  and  to  see  it  satisfyed  ;  and  that  such 
■fences  may  bee  made  and  repaired  as  ought  to  bee  for  preventing  of  future 
dammage  in  that  behalfe  ;  and  M'  Browne  is  allsoe  deputed  to  make  enquiry 
about  the  man  that  seieth  strong  waters  at  Providence. 

The  Court  haue  ordered  Cap?  Standish  and  M'  Alden  to  provide  portions 
but  of  the  estate  of  Thomas  Chillingsworth,  deceased,  for  his  children,  and 
to  take  cecurity  in  the  Courts  behalfe  for  the  right  desposing  of  the  said 


1  March. 

[*19.] 


22  PLYMOUTH    COLONY    KEGORDS. 

165  2-3.   estate,  ires   of  adminnestracSn   being   graunted  ynto  Joane  Chillingsworth, 
''       '   wife  of  late  deceased  Thomas  Chillingsworth,  to  adminnester  vpon  his  said 

1  March. 
Beadpord,     6St3.te. 

^°^-  Lres  of  adminnestrac6n  are  graunted  vnto  Grace,  the  late  wife  of  Wiliam 

Hallowell,  deceased,  to  adminnester  vpon  his  estate ;  and  in  regard  of  g>sent 
infeirmity,  shee  being  not  able  to  appeer  at  the  Court,  Captaine  Standish  and 
M"^  Alden  are  appointed  to  require  her  oath  vnto  the  inventory  of  the  said 
estate  at  home. 

Lres  of  adminnestracbn  are  graunted  vnto  Elizabeth,  wife  of  the  late 
deceased  Robert  Waterman,  to  adminester  vpon  his  estate,  and  to  pay  the 
debts  soe  fare  and  by  equall  proportions  as  the  estate  will  amount  vnto. 
[*20.]  *Constant  Southworth  is  appointed  by  the  Court  to  bee  superviser  of  the 

will  and  estate  of  James  and  jNIary  Lendall,  both  of  them  lately  deceased,  and 
to  adminester  vpon  and  despose  of  the  said  estate  soe  as  according  to  his  best 
decerning  may  most  conduce  to  the  good  of  the  children  of  the  said  pties 
deceased ;  the  said  children  being  desposed  of  by  the  Court  vnto  the  care  and 
tuission  of  him,  the  said  Constant  Southworth,  the  eldest  of  them  haueing 
alsoe  chosen  him  to  bee  her  guardian. 

Wheras  there  hath  been  a  contraversye  long  depending  betwixt  the  three 
townes  of  Sandwidge,  Yarmouth,  and  Barnstable  on  the  one  pte,  and  the 
inhabitants  att  the  Eeh-iuer  on  the  other  pte,  about  a  bridge  ouer  the  said 
riuer,  the  said  pties  are  agreed  as  foUoweth,  videlecet :  that  the  bridg  built 
by  the  inhabitants  of  the  EeMuer  ouer  the  said  riuer,  at  the  place  wher  they 
now  dwell,  is  and  is  allwaies  to  bee  reputed  theire  owne,  notwithstanding  any 
former  verdict  of  jury  to  the  contrary  ;  and  the  said  three  townes,  videlecet, 
Sandwidge,  Yarmouth,  and  Barnstable,  according  to  such  proportions  as  are 
by  them  agreed  on,  are  to  pay  vnto  the  said  inhabitants  the  summe  of  twenty 
nobles,  in  good  and  currant  pay  of  the  countrey,  as  soon  as  may  bee  with 
conveniency,  and  soe  all  difference  about  the  said  bridge  are  ended. 

Thomas  Huckens,  of  Barnstable,  is  allowed  by  the  Court  to  draw  and 
sell  wine  and  strong  waters  vntell  the  next  June  Court. 
Fines  and  Sen-  John  Barnes  haueing  been  diuers  times  psented  to  the  Court  for  drunk- 

enesse,  and  sensm-ed  by  them  for  the  same,  and  now  coming  into  the  Court 
drunke,  is  sentanced  according  to  order  of  Court  to  iind  surties  for  his  good 
behavior. 

And  for  his  approbrious  speech  in  the  Court  vnto  M'  Hatherley,  a  niaies- 
trate  then  on  the  bench,  hee  is  fined  ten  pounds.  i 

John  Barnes  acknowledgeth  to  owe  vnto  the  Court     .     40  :  00  :  00 


sures. 


COURT  ORDERS.  23 

Captaine  James  Cudworth  the  summe  of  .     .     .     .  20  :  00  ;  00  165  2-3. 

Thomas  Clarke  the  summe  of 20  :  00  :  00  '        '        ' 

m_  J  •    •  1  •  c      1  •  •  ^  March. 

ihe   condicion,  that  if  the   said   John  Barnes   hee    of  good   behavior    b^adfoed 
towards  all  mannor  of  psons,  and  appeer  at  the  Generall  Court  to  bee  holden         ^°'^- 
for  this  gouerment  att  Plymouth  the  first  Tusday  in  June  next,  and  not  depart  Keieased  paing 
the  said  Court  without  lycence  ;  that  then,  &6. 

*To    saue   harmles    and  vndamnifyed   Captain  Cudworth   and  Thomas       [*21.] 
Clarke  from  whatsoeuer  dammage  may  come  to  them  by  John  Barnes  incase 
hee  should  breake  his  bonds  for  the  good  behavior,  the  whole  estate  of  the 
said  John  Barnes  doth  heerby  stand  engaged  to  make  good  whatsoeuer  dam- 
mage may  come  vnto  the  said  pties  in  that  behalfe. 

M'^  Joane  Barnes,  for  frequently  slaundering  and  defameing  the  children 
of  Captaine  Willett  and  the  daughter  of  Gorge  Watson,  shee  was  sentenced 
to  sitt  in  the  stockes  during  the  Courts  pleasure,  and  a  paper  wheron  her  facte 
written  in  capitall  letters,  to  bee  made  fast  vnto  her  hatt,  or  near  vnto  her,  all 
the  time  of  her  sitting  there ;  all  which  was  performed,  according  to  the 
sentance. 


6  April. 


Wheras  wee  haue  intelligence  out  of  our  natiue  countrey  of  danger  that  1653. 
may  bee  towards  vs  in  regard  of  the  great  varience  betwixt  the  two  nations 
of  Holland  and  England,  the  Court  haue  ordered,  that  warrants  bee  directed 
to  euery  towne  within  the  gouerment  forthwith,  to  require  them  to  make 
choise  of  two  deputies  for  eich  towne,  to  meet  with  the  maiestrates  att  Plym- 
outh on  Wensday,  the  sixt  of  Aprill  next,  and  with  them  to  treat  and  conclude 
on  such  milletary  affaires  as  through  Gods  blessing  may  probably  tend  to  our 

^sent  and  future  safety. 

Aprill  .the  sixt,  1653. 

The  Names  of  those  that  mett  at  Plymouth  as  Deputies  for  the  seuerall 
Townes  for  the  Ends  aboue  mencioned. 

f  Leiftenant  Southworth, 

^°^^^y®' 1  John  Cooke. 

f  Constant  Southworth, 

' \  Leiftenant  Nash. 

f  Cap?  Cudworth, 

' \  Sergiant  Johnson. 

Sandwidge, James  Skiffe. 

Taunton, Ensigne  Purchase. 

(  Sergiant  Eider, 
Y^^^^tli' IJohnGorum. 


24  PLYMOUTH    COLONY   KECORDS. 

1653.  (  Leiftenant  Fuller, 

Barnstable, \  .       ,^-11 

^^  bergiant  Hinckley. 


jEehoboth, John  Allen.J 


6  April. 
Bbadpokd, 

^°^-  f  M'  Josias  Winslow, 

Marsbfeild, 1  ,,    t  i     -n     ^r    ^ 

[  M."  John  Bradford. 

C  John  Allen, 

Eehoboth, <  ^         ^^ 

[  reeter  Hunt. 

J  M'  John  Doane, 

[  Richard  Sparrow. 

The  milletary  orders   agreed  on  and  concluded  are  as  foUoweth  in  the 
next  pages. 
[*22.]  *rirst,  that  the  summe  of  fifty  pounds  bee  raised  of  the  seuerall  townes 

within  the  gouerment,  according  to  theire  proportions  in  other  rates,  in  such 
pay  as  will  answare  for  our  ptes,  of  the  powder  and  shott,  armes  and  lockes 
sent  out  of  England,  to  bee  reddy  against  such  time  as  we  shalbee  required  to 
answare  for  yt,  and  that  the  said  powder  and  shott,  &6,  be  receiued  and  kept 
for  the  ^sent  att  Capl  Willets  and  M''  Paddyes  warehouse  att  Boston. 

The  Court  haue  ordered,  that  noe  pson  within  this  gouerment  shall  trans- 
port any  provisions,  or  suffer  any  to  bee  transported,  to  either  Duch,  Trench, 
or  other  strangers,  without  lycence  from  the  GoQ,  or  two  or  three  of  the  As- 
sistants, on  paine  of  forfeiting  twise  the  vallue  of  the  worth  therof. 

That  the  milletary  officers  of  euery  companie  shall  ^sent  the  defects  of 
the  armes  of  theire  companies  at  the  next  Court  of  Asistants. 

That  a  milletary  watch  in  euery  towne  bee  continnued  vntell  further 
order  to  the  contrary. 

That  all  men,  though  aboue  the  age  of  sixty,  bee  required,  either  by  find- 
ing a  sufficient  man,  or  in  theire  owne  psons,  to  watch  according  to  order,  as 
shalbee  agreed  vpon  in  each  towne,  excepting  such  as  through  both  age  and 
pouerty  are  disabled,  and  that  such  widdowes  as  haue  estates  beare  theire  pte 
by  finding  one  to  watch  according  to  theire  proportions. 

The  Court  recoinend  to  euery  towne  to  prouide  soSi  place  or  places  to  re- 
treat vnto,  that  thether  they  may  bring  theire  wiues  and  children  in  time  of 
eminent  danger,  for  theire  better  securitie. 

That  euery  towne  that  shalbee  defectiue  in  the  want  of  a  drumm  att  any 
time  for  the  space  of  two  monthes  shall  forfeite  the  summe  of  forty  shillings 
to  the  coUonies  vse. 

That  shalbee  defectiue  in  couUers  the  space  of  six  months,  foure  pounds. 

That  a  considerable  companie  of  halfe  pikes  bee  provided  in  euery  towne, 
att  the  charge  of  the  towiishipp,  videlecet,  whef  80  men  are  able  to  beare 


6  April. 
[BRADrOKD, 


COURT    ORDEES.  25 

armes,  theire  twenty  to  bee  prouided,  and  soe  proportionable  to  theire  number,      1653. 
bee  they  greater  or  lesser. 

That  euery  towne  prouide  halberts  for  the  sergiants  of  theire  milletary 
conipanie.  Goveknok.] 

*That  euer  towne  that  hath  aboue  fifty  men  bearing  armes  shall  haue       [*23.] 
powder  answarable  to  a  barrell  for  euery  fifty  men,  and  soe  bullets  proportion- 
able therunto. 

That  noe  man  make  an  allarum  without  apparent  danger.  That  incase 
one  gun  bee  shott  of  in  the  night,  whiles  the  milletary  watch  is  kept  within 
any  towneshipp,  yt  shalbee  taken  as  an  allarum  to  the  said  towne,  and  an- 
swared  by  any  man  that  shall  heare  the  same. 

That  three  guns,  or  continued  shooting,  or  the  beat  of  a  drumm,  in  the 
night  shalbee  an  allarum,  to  bee  taken  from  towne  to  towne. 

That  incase  any  towne  shalbee  destressed  by  reall  assault  vpon  them, 
such  towne  as  haue  a  certaine  intelligence  therof  shall  afibard  releife. 

That  all  such  as  are  chosen  clarke  of  any  milletary  companie  shalbee 
swome  ;  and  any  that  shall  refuse  to  serue  as  dark  for  one  yeare  to  bee 
fined  twenty  shillings,  and  hee  that  is  next  chosen  and  serues  to  haue  the  said 
summe. 

That  one  third  of  euery  milletary  companie  shall  bring  theire  armes,  with 
powder  and  shott,  to  the  meetings  on  the  Lords  day,  both  forenoone  and  after- 
noone,  on  paine  of  forfeiting,  for  euery  one  that  shall  neglect,  two  shillings  and 
six  pence  for  euery  default,  and  such  fines  to  belong  to  theire  companie ;  and 
this  order  to  stand  in  force  vntell  further  order  to  the  contrary. 

The  Court  allow,  and  in  the  behalfe  of  the  countrey  doe  engage  to  pro- 
vide the  summe  of  thirty  pound  in  good  and  currant  countrey  pay  for  to  hier 
a  guard  for  the  GoQrs  pson,  and  yt  is  refered  vnto  Cap?  Willet  and  Leiftenant 
Southworth  to  hier  such  as  may  be  fitt  for  such  imployment. 

These  psons  vnderwritt  stand  engaged  vnto  Captaine  Willett  and  Leif- 
tenant Southworth,  to  make  good  the  said  summe  of  thirty  pounds,  according 
to  their  proportions  in  the  behalfe  of  theire  seuerall  townshipps. 

The  comitties  of  Plymouth  engage  for  theire  towne. 

The  coinitties  of  Duxbiurow  for  theire  towne. 

M'  Hatherley  for  Scittuate. 

James  Skiffe  for  Sandwidge. 

Ensigne  Purchase  for  Taunton. 

The  comitties  of  Yarmouth  for  theire  towne. 

The  comitties  of  Barnstable  for  theire  towne. 

The  coinitties  of  Marshfeild  for  theire  towne. 

VOL.    III.  4 


26  PLYMOUTH    COLONY    RECORDS. 

1653.  The  comitties  of  Eehobotli  for  their e  towne. 

''      '  The  coinitties  of  Eastham  for  their  towne. 

[Beadfoed  *I^  regard  of  the  many  appeerances  of  danger  towards  the  countrey  by 

OTERNOB.O    enimies,  and  the  great  nessessitie  of  counsell  and  aduise  in  that  respect,  the 
'■       "J       Court  thought  yt  meet  to  make  choise  of  a  counsell  of  warr,  which  according- 
ly were  forthwith  orderly  elected. 

Theire  names  are  as  foUoweth  :  — 

These  were  M''  Bradford,  President. 

confeirmed  to  ,,-r,  ■••-•ti 

seme  in  the  M' Prence,  M-^Alden, 

same  place  for  Cap?  Standish,  Cap?  WiUett, 

another  yeare,  ^ 

M'  CoUyare  M""  Hatherley,  Cap?  Cudworth, 

and  M'  John  nj-    t>  t    -n  a        -i  i 

TVinslow  added  M'  Browne,  Leifi  houthworth. 

to  them. 

These  nine,  or  any  three  of  them,  being  orderly  called  together,  theire 
acte  to  be  accounted  in  force,  and  they  to  bee  continnued  in  theire  places  vntell 
the  next  June  Court  com  twelue  month.  To  bee  orderly  called,  is  ment  be- 
ing summoned  by  the  president  or  his  deputie  ;  or  incase  of  theire  absence, 
any  two  maiestrates  of  the  counsell  of  warr. 

That  the  counsell  of  warr  shall  haue  full  power  to  yssue  out  warrants  to 
presse  such  a  number  of  men  in  euery  towne  as  by  proportion  the  said  towne 
is  to  sett  forth ;  and  alsoe  to  yssue  forth  warrants  to  the  said  townes  for  armes 
and  provission,  and  all  things  nessesary  for  them,  and  what  charges  shall 
arise,  to  bee  leuied  on  each  towne,  proportionably  as  other  publicke  rates,  and 
to  giue  comission  to  any  cheife  officer  vnder  their  charges,  either  in  time  of 
peace  or  warr. 

If,  by  any  ordering  hand  of  Gods  providence,  such  as  are  chosen  comis- 
sioners  are  hindered  that  they  can  not  appeer  att  the  day  appointed  vntell  a 
day  or  two  after,  the  Court  declare  theire  minds  to  bee,  that  notwithstanding 
they  may  acte,  and  theire  actes  in  such  case  to  bee  accounted  vailed  and  of  force. 

In  case  both  the  comissioners  bee  ;p'sent  at  the  next  meeting  att  Boston, 
and  doe  not  both  sitt,  then  the  Courts  mind  is,  that  neither  of  them  shall  acte. 

Leif?  Fuller,  Sergiant  Johnson,  and  John  Allen,  of  Eehoboth,  haue  takeii 
the  oath  of  fidelhtie  to  the  gouerment  this  Court. 

Constant  Southworth  is  freed  from  being  ensigne  bearer  of  the  millitary 
companie  of  Duxburrow. 

Leif?  Wyate  and  Wiliam  Newland  both  fined  according  to  order  for  non 
appeerance,  being  chosen  deputies. 

Memorand  :  that  Leif?  White  bee  warned  to  appeere  att  the  June  Court, 
to  answare  for  his  neglect  in  not  convaying  notice  of  danger. 


COURT    ORDERS.  27 

*Att  the  Court  of  Asistants  holden  att  Plymouth  the  8^  of  May,  1653.    1653. 

Before  Cap?  Myles  Standish,  deputed,  in  the  absence  of  the  Gouernor,  to  bee 

in  his  place,  and  John  Alden,  and  Thomas  Willett,  gen?,  Asistants.  GoO. 

[*25.] 

CONCERNING  the  difference  betwixt  Cap?  Standish  and  Josepth  Beedle 
about  a  debt  of  twenty  bushells  of  Indian  corn  due  to  the  estate  of 
Henery  Drayton,  deceased,  the  Court  doth  order,  that  the  said  Josepth  Beedle 
shall  forthwith  make  paiment  therof  vnto  Cap?  Standish,  according  to  en- 
gagement. 

A  neager  maide  seruant  of  John  Barnes,  att  this  Court  accused  John 
Smith,  Seni,  of  Plym,  for  receiueing  tobacco  and  other  things  of  her  which 
were  her  said  masters,  att  sundry  times,  in  a  purloineing  way.  The  Court 
heard  what  coidd  bee  said  on  both  sides,  and  because  stifficient  testimony  could 
not  bee  att  ^sent  produced  for  the  clearing  of  the  case,  it  was  ordered,  that  the 
said  pties  should  attend  the  next  Court  of  Assistants  for  further  hearing,  and 
then  produce  what  testimony  they  haue  for  the  clearing  therof. 

Vpon  occation  of  the  difference  betwixt  the  said  neager  and  the  said 
John  Smith,  the  said  Smith  accused  John  Barnes  in  open  Court,  and  said  that 
Samuell  Dunham  said,  att  the  house  of  Gorge  Watson,  on  Tusday  last  past, 
before  the  date  heerof,  that  there  was  soe  much  liquore  drunke  att  the  house 
of  John  Rickard  the  same  day,  wherof  John  Barnes  dranke  soe  much  as  hee 
coming  into  the  house  of  the  said  Samuell  Dunham,  and  assaying  to  drinke  a 
pipe  of  tobacco,  hee  filled  his  pipe  and  could  not  light  it,  and  that  he  should 
in  a  threatening  way  say  hee  had  two  rodds  in  pise  for  him  and  Goodwife 
Whitney. 

*May  the  3^.  Wheras  by  order  of  Court,  bearing  date  March  4"',  1652,  3  May. 
Cap?  Miles  Standish,  M-"  John  Alden,  M'  Wiliam  CoUyare,  and  M"^  Thomas  [*26.] 
Dexter,  Senior,  or  any  three  of  them,  were  comissionated  by  the  said  Court, 
that  incase  such  as  haue  theire  seuerall  allotments  of  land  vndevided  att  Con- 
ahassett  should  neglect  to  bring  the  bounds  of  theire  seuerall  allotments  to  the 
psons  first  chosen  and  appointed  to  record  those  lands  within  eighteene  dales 
next  after  the  day  of  the  date  of  the  aforsaid  order,  to  see  the  thing  done  with 
the  first  conveniency,  which  bounds  of  the  said  lands  haue  not  hetherto  been 
either  brought  or  recorded ;  this  Coui-t  doth  therefore  require  that  all  those  whoe 
are  conserned  in  the  aforsaid  business  doe  giue  meeting  at  Scittuate  vnto  the 
aforsaid  psons  soe  coinissionated  as  aforsaid  the  25'  of  this  gisent  month,  that 
the  said  busines  about  the  said  land  may  bee  issued  according  to  order. 


28 


PLYMOUTH    COLONY    RECORDS. 


1653. 

3  May. 

Bradford, 

GoG. 


Wheras  the  jury  hath  gone  vpon  the  bodyes  of  John  Barker  and  John 
Browing,  wee  find  that  these  men  came  by  theire  death  by  the  casualty  of 
the  sea,  and  by  noe  otherway,  by  our  best  apprehencions,  December  the  14th, 
1652. 

The  juries  names  that  viewed  the   dead  bodies  of  the  abouesaid  men 


Kenelme  Winslow, 

Robert  Caruer,  John  Bourne, 

John  Dingley,  Ralph  Chapman, 

Josepth  Beedle,  Jeremiah  Burrow, 

Edmond  Hinksman,  John  Granger, 

Moris  Truant,  Josepth  Roese, 

John  Hewes,  Robert  Barker. 

•Presentments  by  the  Grand  Enquest. 

Wee  present  Richard  Templer,  of  Yarmouth,  for  stealing  certaine  caggs 
of  oysters  from  "Willram  Nicolson,  of  Yarmouth. 

Wee  psent  Richard  Templer  aforsaid,  for  stealing  of  a  lock  of  gunn  from 
Isacke  Wells,  of  Barnstable. 

Wee  p'sent  AUice  Berry,  of  Yarmouth,  for  stealing  of  an  neckcloth  from 
Wiliam  Pearce  his  wife,  of  Yarmouth. 

Wee  f>sent  Francis  Baker,  of  Yarmouth,  for  retailing  of  wine  contrary 
to  order  of  Court. 

Wee  ^sent  ^  for  want  of  a  paire  of  stockes  and  a  whiping  post. 

Wee  ;Psent  the  townshipp  of  Duxburrow  for  want  of  a  pound,  a  paire 
of  stockes,  and  a  whiping  post. 

Wee  psent  the  townshipp  of  Marshfeild  for  want  of  a  pound,  and  a  paire 
of  stockes,  and  a  whiping  post. 


[*27.]  *The  counsell  of  warr  mett  att  Plymouth,  on  the    12*  of  May,  1653, 

videlecett,  M''  Thomas  Prence,  presedent,  Capt  Myles  Standish,  M'  Timothy 
Hatherley,  M""  John  Alden,  Cap?  Thomas  Willett,Cap?  James  Cudworth,  and 
Leiftenant  Thomas  Southworth. 

Haueing  receiued  intelligence  from  the  coinissioners  mett  att  Boston, 
of  theire  agitations  about  and  conserning  a  warr  with  the  Duch  in  these 
ptes  of  America,  and  serivsly  weyinge  and  delibberating  vpon  such  ground 
and  reasons,  with  theire  cercomstances  as  by  the  said  comissioners  haue 
been  propounded  enduceing  therxinto,  they  came  to  these  conclusions  fol- 
lowing :  — 


Richard  Tem- 
plar, being 
found  to  bee  a 
seruant  to  an- 
other att  this 
time,  was  en- 
ioyned  to  pay 
according  to 
order  in  that 
case  prouided. 

Cleared. 


COURT    ORDERS.  29 


3  May. 
Bbadpowj, 


Videlecett,  that  whatsoeuer  shalbee  vndertaken  or  donn  in,  aboute,  or      165  3. 
conserning  the  said  warr,  or  any  thinge  conduceing  therunto  shalbe  acted  and 
goe  forth  in  the  name  and  by  the  authoritie  of  the  state  of  England. 

gcondiy_  That  in  case  theire  shalbee  a  concurrance  of  the  other  jurisdictions  '^o''- 
with  vs  heerin,  vizj,  all  things  acted  in  and  aboute  the  ^mises,  shalbee  acted, 
vnder  God,  in  the  name  of  the  state  of  England  as  aforsaid ;  and  that  vpon 
returne  of  the  messengers  sent  by  the  comissioners  to  the  Munhatoes,  or  other 
certaine  intelligence,  further  grounds  and  reasons  shall  appeer  to  bee  of  weight 
nessesitateing  a  warr  with  the  said  Duch,  they  will  bee  in  a  reddlnes,  through 
the  healp  of  of  God,  to  assist  and  engage  therinn  according  to  theire  propor- 
tions and  vtmost  abillities. 

And  for  that  end  and  purpose  preperacbn  was  made  as  followeth :  — 

Warrants  were  issued  out,  in  the  name  of  the  state  of  England,  for  the 
pressing  of  the  number  of  sixty  men,  able  and  fitt  for  warr,  if  need  shall  re- 
quire, which  number  was  to  bee  taken  out  of  the  seuerall  townes  within  this 
jurisdiction  according  to  theire  proportions,  vizj  :  — 

Out  of  Plymouth,  .     .  7  Yarmouth,  ....  6 

Duxburraw, ....  6  Barnstable,  ....  6 

Scittuate, 9  Marshfeild,  ....  6 

Sandwidge,  ....  6  Kehoboth,  ....  6 

Taunton, 5  Eastham,  ....  3 

The  constables  of  the  seuerall  townes  were  ordered,  by  the  warrants  di- 
rected vnto  them,  to  haue  these  proportions  of  men  in  a  reddines,  and  to  giue 
notice  vnto  theire  seuerall  townes  to  provide  sufficient  armes  for  euery  man 
that  shalbee  pressed  out  of  theire  seuerall  townes  as  aforsaid. 

The  comaunders  chosen  and  appointed  to  goe  forth  on  the  said  expedition, 
incase  there  shalbee  occation  are  Cap?  Myles  Standish  for  captaine,  Leiftenant 
Thomas  Southworth  for  leiftenant,  and  Hezekiah  Hoare,  of  Taunton,  for  ensigne. 

*An  order  was  alsoe  passed,  in  the  name  of  the  state  of  England,  for  to  r*28.] 
prohibbite  the  transporting  of  any  prouisions  out  of  the  jurisdiction,  either  corn, 
biskett,  beefe,  porke,  cheese,  butter,  &6,  without  lycenc  from  two  maiestrates, 
on  paine  of  forfeiting  the  whole,  the  one  halfe  to  the  enformer,  and  the  other 
halfe  to  the  coUonies  yse ;  and  this  order  to  stand  in  force  vntell  further  order 
to  the  contrary. 

Moreouer  two  barkqes  were  alsoe  pressed  to  attend  the  expedition  afor- 
said, videlecett,  the  barkqe  in  which  Gorge  "Watson  sayleth,  together  with 
him  the  m'  therof,  and  John  Smith,  Junior,  of  Plyfn,  and  Josepth  Green,  with 
all  things  belonging  to  the  said  barkqe,  neessearie  for  the  said  expedition. 


30  PLYMOUTH    COLONY    RECOKDS. 

1653.  In  like  mannor  the  barkqe  in  which  Eichard  Knowles  sayleth,  -vvitli  him 

^     ^  the  master  therof,  was  pressed  for  the  same  purpose,  with  John  Younge  and 

3  May. 

BaADPOED     Wiiiam  "Walker,  and  all  things  nessearie  for  theire  vse  belonging  to  the  said 
Goe.        barkqe. 

Memorand  :  that  a  query  bee  made  vnto  the  next  Court  whether  such 
psons  as  are  pressed  to  goe  forth  as  souldiers  on  publicke  seruice,  &6,  theire 
estates  shalbee  lyable  to  bee  rated,  notwithstanding,  towards  the  paiement  of 
theire  wages  or  not. 


7  June.      *M  the  Generall  Court  of  Election  holden  att  JVew  Plymouth  the 
[  ^^-l  seauenth  of  June,  1653. 

Befoke  Wiliam  Bradford,  gentleman,  GoQ,  and    John  Browne, 

Thomas  Prence,  John  Alden,  and 

Myles  Standish,  Thomas  Willett, 

Timothy  Hatherley, 

Gentlemen,  Assistants,  &d. 

M«  WILLAM  BRADFORD  elected  GoQ,  and  sworne,  and  hath  liberty 
graunted  him  to  choose  a  deputy  in  his  rome  if  hee  should  haue  occa- 
tion  to  bee  absent  any  pte  of  this  yeare. 

M'^  Thomas  Prence, 
Gapt  Myles  Standish, 
M''  Tymothy  Hatherley, 
M'  John  Browne, 
M'^  John  Alden,  and 
Cap?  Thomas  Willett, 

Leif?  Thomas  Southworth  not  sworne. 

M''  Thomas  Prence  and  M''  John  Browne  chosen  comissioners  for  the 
following  yeare,  and  Capt  Willett  the  next  in  nomination. 
Capt  Standish  chosen  Treasurer. 

Freemen  admitted  this  Court,  and  sworne. 

M'  Anthony  Fames,  Richard  Beare, 

Marke  Fames,  Samuell  Arnold, 

Austine  Bearce,  Samuell  Fuller, 

Robert  Studson,  John  Williams,  JunT, 

Fdmond  Weston,  Isack  Chettenden, 


chosen  Assistants,  and  sworne. 


COURT    ORDERS. 


31 


Leif?  Mathew  Fuller, 
Zacariah  Soule, 

The  Names  of  sucli  as  stand  propounded 

Hezekiah  Hoare, 
Gorge  Macye, 
+  Kichard  Paule,  J 
Wiliam  Haruey, 
Jolin  JoUop, 

t  John  Soule,  t 
J  John  Keith,  f 

John  Bryant, 
Wiliam  Eandall, 
Wiliam  Harlow, 
Wniam  Clarke, 
Robert  Barker, 
Steuen  Bryant, 
John  Washburn,  Juni, 


Richard  Sares. 

to  take  vp  theire  Freedome. 

Abraham  Sampson, 
James  Naighbour, 
John  Scudder, 
Josepth  Coleman, 
Nathaniell  Warren, 
Henery  Attkines, 
Wiliam  Spooner, 
James  Shawe, 
James  Tory, 
Thomas  Lettice, 
Gyles  Rickard,  JunT, 
Beniamine  Bartlett, 
Beniamine  Pratt. 


1653. 


7  June. 

Bradfoed, 

GoS. 


*The  Cunstables  of  the  seuerall  Townes 
Plymouth, 

Duxborrow,     . 


Scittuate,    . 

Taunton,    .     . 

Yarmouth, 

Barnstable, 

Marshfeild, 

Sandwidge, 
Rehoboth,  . 
Eastham,   . 


John  Keith. 
(  Abram  Sampson, 
\  Thomas  Haward,  Juni. 
(  Josepth  Coleman, 
I  Wiliam  Randall. 

Wiliam  Parker. 

Francis  Baker,  absent. 

John  Finney,  absent. 

Robert  Latham, 

Richard  Beare. 

Richard  Chadwell,  absent. 

Robert  Martin. 

Thomas  Payne. 


The  Deputies  of  the  seuerall  Townes. 
M'  John  Howland, 


Plyffi, 


Duxburrow, 


Leifteii  Southworth, 
John  Dunham,  Senier, 

.  John  Cooke. 

(  Gorg  Soule, 

\  Constant  Southworth. 


[*30.] 


32 


PLYMOUTH    COLONY    RECOKDS. 


1653. 


7  June. 

Bradford, 

GoB. 


Scittuate,   .     . 
Sandwidge, 
Taunton,    .     . 
Yarmouth, 
Barnstable, 
Marshfeild, 
Rehoboth,  . 
Eastham,    . 


f  Thomas  Byrd, 
\  Humphry  Turner. 

Thomas  Tupper, 

James  SkiiFe. 
f  Leiftenant  Wyatt, 
\  Richard  Williams. 

M'  Thomas  Howes, 

M'  Edmond  Hawes. 
(  Anthony  Anable, 
\  Nathaniell  Bacon.    ' 

{Kanelme  Winslow, 
M'  Anthony  Eames. 
M'  Steuen  Payne, 
M'  Thomas  Cooper. 
M'  John  Done, 
Richard  Higgens. 


The  Grandinquest. 
Richard  Sparrow,  John  Scudder, 


Austine  Bearce, 
M'  John  Joyce, 
Henery  Howland, 
John  Tisdall, 
Daniell  Winge, 
Edward  Perry, 
John  Williams,  JunT, 
John  Bryant, 


Henery  Attkins, 
Wiliam  Harlow, 
Samuell  Sturtivant, 
John  Dillingham, 
John  Washburne,  Juni. 
Thomas  Tilden, 
Wiliam  Sabine, 
Josepth  Pecke. 


Samuell  House  and  Gorge  Masye,  both  absent. 


Plym, 


Dux%, 


The  Survayors  for  the  Hiewaies. 
John  Moses, 


Scittuate, 


Sand, 


Christopher  Winter, 
Thomas  Morton. 
Edmond  Weston, 
Thomas  Bonney. 
John  Hewes,  SenT, 
Ephraim  Kemton. 
M'  Edward  Dillingham, 
Richard  Bourne. 


COURT    ORDEES. 


33 


Taunton,    .  .  . 

Yarmoutli,  .  . 
Bamsta, 

Maishfeild,  .  . 

Rehoboth,  .  .  . 
Eastham^    . 


{John  Cobb, 
Wiliam  PhilUps. 
■  M'  Anthony  Thacher, 

John  Hall. 
(  Henery  Rowley, 
1^  John  Tompson. 

Robert  Caruer, 

Wiliam  Maycomber. 
[  Richard  Bowin, 
\  James  Redaway. 

Nicolas  Snow, 

M'  John  Freeman. 


*M'  Wiliam  CoUyare, 

Cap?  Cudworth,  and 

Leiftenant  Southworth, 


'together  with  some  of  the  maiestrates,  are  ap- 
ointed  to  view  the  writing  lately  sent  out  of  the 
Bay,  and  compare  it  with  the  articles  of  confed- 
erac6n,  and  to  giue  in  theire  thoughts  about  it 
vnto  the  Court  they  are  to  meet  the  first  Tus- 
day  in  July  next. 

Cap?  WiUett,  Cap?  Cudworth,  and  Josias  Winslow,  Sen"",  were  appointed 
to  take  the  account  of  the  Treasurer,  which  is  as  foUoweth  :  — 

Debts  due  to  the  collony, 143  :  00  :  03 

Disbursed  for  the  collony, 050  :  04  :  06 

Rests  due  to  the  coUony, 092  :  15  :  09 

More,  Eastham  oweth  a  barrell  of  oyle,     .     002  :  00  :  00 

Besides  the  stray  steere  as  yett  vndesposed  of  j  alsoe  the  Kennebeck  rents  not 

meddled  with  nor  accounted  for. 

THOMAS  WILLETT, 
JAMES  CUDWORTH, 
JOSIAS  WINSLOW. 

The  sume  of  eight  pounds  is  allowed  by  the  Couit  vnto  the  Treasurer, 
in  recompence  for  his  trouble  and  paines  hee  hath  had  as  being  Treasurer. 

The  summe  of  fifty  pounds  due  for  our  pte  of  the  powder,  shott,  and 
armes  lately  come  out  of  England,  is  answared  out  of  the  countreys  stocke, 
all  but  that  which  remaines  due  from  the  townes,  according  to  theire  propor- 
tions, as  foUoweth  :  — 

VOL.    III.  5 


1653. 

' Y 

7  June. 

Bkadpobd, 

Goe. 


[*31.] 


7  June. 
GqB. 


PLYMOUTH    COLONY    RECORDS. 

Plymouth, 01 :  17  :  00 

Duxburrow, 01  :  13  :  00 

Scittuate, 03  :  00  :  06 

Sandwidg, 02  :  03  :  08 

Taunton, 01  :  13  :  08 

Barnstable, 01  :  17  :  00 

Yarmouth, 01  :  13  :  00 

Marshfeild, 01  :  13  :  08 

Eehoboth, 03  :  00  :  06 

Eastham, 01  :  07  :  00 

Ordered,  that  the  fiue  barrells  of  old  powder,  with  iiue  hundred  waight 
of  ledd,  att  the  Treasurers,  with  ten  guns,  and  ten  swords,  and  twenty  bealts, 
&  ten  lockes,  all  which  are  the  countreys,  shall  equally  bee  deuided  to  eueiy 
towne  ;  and  Cap^  Willett  and  Leiftenant  Southworth,  or  either  of  them,  are 
to  see  them  deuided. 
[*32.]  *Conserning  a  debt  due  to  Captaine  "Willett  and  M'  Paddy,  from  Edward 

Hall,  which  is  four  pound  and  4%  the  Court  doth  order,  that  when  oath  is 
made  to  the  bill,  it  shalbee  payable  out  of  the  said  estate,  according  to  the 
order  provided  in  that  behalfe. 

In  answare  vnto  two  petitions  prefered  vnto  the  Court,  the  one  by  M' 
Josepth  Tilden  and  Steuen  Tilden,  and  the  other  by  Leiftenant  Peregrine 
White,  the  Court  haue, ordered  that  M'  Hatherley,  as  soon  as  conveniently  bee 
can,  that  hee  impannell  a  jury  to  lay  out  a  way  for  the  said  Josepth  and 
Steuen  Tilden,  vnto  the  island  commonly  called  Hatches  Hand,  and  vnto  the 
iland  called  Coopers  Hand ;  and  alsoe  a  way  between  Leifte  White  and  M' 
Hinksman,  and  alsoe  seuerall  wayes  from  naighbour  to  naighbour  alonge  by 
the  sides  of  the  North  and  South  Riuer ;  the  said  wayes  to  bee  layed  out  with 
as  much  conveniency  and  as  little  p>iudice  as  may  bee. 

Wheras  vpon  a  former  petition  prefered  vnto  the  Court  by  John  Hoare, 
wherin  hee  complaineth  of  neglect  of  pformance  of  a  Court  order  for  the  set- 
tleing  of  the  land  ah-eddy  deuided  att  Conahassett  to  make  way  for  a  farther 
deuission,  and  the  Court  doth  find  that  through  vnexpected   occations   and 
feares  of  troubles  this  hath  been  neglected,  therefore  the  Court  doth  heerby 
order  and  require  them  that  were  first  appointed  to  record  those  seuerall  allot 
ments,  or  soe  many  of  them  as  will  bring  in  theire  bounds  of  the  said  allot 
ments  vnto  them,  that  they  forthwith  record  them,  and  retui-ne  the  said  rec 
orfjs  into  the  Coui't  att  the  next  Court  of  Assistants,  that  soe  the  Court  mav 
judge  of  the  equallity  of  it,  and  soe  confeirme  the  same  :  aud  incase  any  psons 


COURT    ORDERS.  35 

doe  refiise  to  bring  in  theire  bounds  to  bee  recorded  and  ^sented  to  the  Court,      165  3. 

that  you  returne  theire  names  vnto  the  next  Court  of  Assistants,  that  soe  theire    ■"     ''        ' 

may  bee  an  end  of  these  contraversies. 

Beadpobd, 

WILLAM   BEADFOED,  G°e- 

THOMAS   PEENCE, 

MYLES   STANDISH, 

JOHN   BEOWNE, 

JOHN   ALDEN, 

THOMAS   WILLETT. 

Wheras  there  was  a  former  order  directed  vnto  you,  Thomas  Ensigne, 
beaiing  date  March  the  4"*,  1652,  enioyning  you  to  returne  vnto  John  Hoare 
the  summe  of  thirty  shillings,  which  was  by  him  payed  vnto  youer  assignes  by 
an  occation  of  a  mistake  of  the  jury,  and  was  rectifyed  in  open  Court,  these 
are  therefore  to  signify  vnto  you,  that  on  the  complaint  of  John  Hoare  vnto 
tiie  Court  that  you  haue  not  returned  it,  they  haue  ordered  you  heerby  either 
to  giue  him  satisfaction  forthwith,  or  to  appeer  psonally  att  the  next  Court  of 
Assistants,  to  bee  holden  att  Plymouth  the  first  Tusday  in  August  next,  to 
answare  youer  said  neglect  heerin. 

*The  humble  acknowKdgment  of  Willam  Barstow,  of  Scittuate,  made  9  June, 
before  the  Court  holden  att  Plymouth  the  D"'  of  June,  1653,  is  as  fol-  [*33.] 
loweth  :  — 

Wheras  a  suite  hath  been  commenced  against  mee,  the  said  Wiliam  Bar- 
stow,  by  M''  Charles  Chaimcy,  pastor  of  the  church  of  Christ  att  Scittuate,  for 
slaundering  him,  the  said  M"^  Chauncy,  in  saying  that  hee  was  the  cause  of 
the  death  of  my  brother.  Gorge  Barstow,  late  deceased ;  and  alsoe  in  saying 
that  hee,  the  said  M'  Chauncy,  sent  his  bulls  abroad  to  the  church  att  Cam- 
bridge, wherby  my  said  brother  was  hindered  from  coinunion  with  the  said 
church,  which  was  the  cause  of  my  brothers  death,  through  excessiue  greife  ; 
in  all  which  expressions  and  sayings  I  doe  humbly  and  freely  acknowlidge 
that  I  haue  donn  the  said  M'  Chauncy  mannifest  wronge,  and  that  in  all  the 
abouesaid  slanderus  speeches  and  expressions  I  haue  spoken  both  inconsider- 
ately and  vntruely ;  and  in  speciall  in  saying  approbriusly  that  hee  had  sent 
forth  his  bulls,  as  is  aboue  expressed.  I  doe  alsoe  acknowlidge  that  I  haue 
wronged  this  honored  Court  in  being  an  occation  of  trouble  vnto  them  through 
my  indescretion.  I  ame  likwise  humbly  thankfuU  vnto  M'  Chauncy  for  his 
reddines  to  receiue  soe  reasonable  a  satisfaction,  whoe  might  justly  haue 
required  what  the  law  hath  awarded  mee  to  make  good  vnto  him.     I  desire 


36 


PLYMOUTH    COLONY    KECORDS. 


1653. 

' — V 

9  June. 

BllADrORD, 

Goe. 


[*34.] 

Allice  Berry 
sentenced,  for 
this  and  other 
doeings  of  like 
nature,  sen- 
tanced  to  sit  in 
the  stockes  for 
the  space  of  au 
houre  att  Yar- 
mouth in  som 
puhlick  place. 

Cleared  by 
payinge  the 
fine. 


Fined  50  shil- 
lings. 


to  take  notice  of  euill  agrevated,  in  not  onely  soe  speaking  against  him  as  hee 
is  an  emenent  Christian,  but  alsoe  as  hee  is  a  minnester  of  Jesus  Christ,  soe 
as  my  fault  therin  reflecteth  on  Christ  himselfe ;  and  I  shalbee  reddy  seasona- 
bly to  acknowlidg  what  I  now  doe  in  the  ^mises  att  Scittuate  in  the  open 
assembly,  before  M'  Chauncy,  and  att  Boston,  att  such  places,  and  before  such 
psons  as  haue  been  heares  of  the  aforsaid  slaunderus  speeches  and  vnjust  accu- 
sations ;  and  I  desire  that  this  sad  experience  of  my  aptnes  to  ofend  God  and 
his  people  may  bee  a  motiue  vnto  mee  to  sett  a  better  watch  ouer  my  tongue 
and  waies  for  the  future ;  soe  humbly  requesting  the  ;Pmises  may  giue  satis- 
faction to  all  whom  I  haue  oifended,  espetially  vnto  my  reuerent  firind,  M' 
Chauncy,  whom  next  vnto  God  I  haue  most  offended  by  my  said  vnbridled 
speeches,  I  humbly  rest.  In  witnesse  of  the  truth  of  what  I  haue  spooken  in 
the  said  premises,  I  haue  subscribed  my  hand  the  day  and  yeare  aboue 
written.  WILLAM   BARSTOW- 

*Presentments  by  the  Grand  Enquest. 

Wee  ]^sent  Allice  Berry,  of  Yarmouth,  for  goeing  into  the  house  of 
Samuell  Arnold,  and  taking  bacon  and  eggs  when  there  was  noe  body  att 
home. 

"Wee  psent  Edward  Holman,  of  Plymouth,  for  being  drunke. 

Wee  ;psent  John  Lewis,  of  Scittuate,  for  attempting  the  chastity  of 
Lydia,  the  wife  of  Nathaniell  Rawlins. 

Wee  ^sent  the  towne  of  Scittuate  for  not  keeping  theire  pound  in  suffi- 
cient repaire. 

Wheras  wee  haue  enformacbn  of  John  Marchant,  of  Yarmouth,  his 
attempting  the  chastety  of  Annis,  the  wife  of  Thomas  Phillips,  of  the  said 
towne,  but  haue  not  as  yett  oath  of  it,  wee  leaue  it  to  the  next  jury  to  enquire 
after. 

Wee  ]p'sent  M'  Wiliam  Leueridge,  of  Sandwidge,  for  ehaunging  a  gun 
with  an  Indian,  contrary  to  order  of  Court. 

Wee  pisent  Gyles  Rickard,  Senior,  of  Plymouth,  for  laciuius  carriages 
towards  Mary,  the  daughter  of  Barnard  Lumberd,  of  Barnstable. 

Wee  ^sent  the  toWne  of  Rehoboth  for  not  choosing  and  ^senting  theire 
milletaiy  officers  to  the  Court,  according  to  order. 


Pines. 

Wiliam  Bassett,  Senior,  for  neglecting  to  publish  and  make  knowne  an 
order  directed  to  him  from  the  counsell  of  warr,  prohibiting  provisions  for 
being  transported  out  of  the  collonie,  is  fined  ten  shillings. 


9  June. 
Bradfobd, 


COURT    ORDERS.  ;37 

Leiftenant  "White,  for  neglecting  to  giue  speedy  notice  of  danger  when      1653. 
order  sent  vnto  him  by  a  maiestrate  to  that  purpose,  and  for  not  convaying 
speedily  a  letter  directed  from  the  coinissioners,  videlecete,  M'^  Bradford  and 
M'  Browne,  the  said  Leiftenant  White  is  fined  fifteen  shillings.  GoS- 

Edward  Holman,  and  Martha,  the  wife  of  Thomas  Shriue,  warned  by 
the  Court  to  keep  out  of  the  companie  of  each  other,  on  prill  of  suiFering  cor- 
porall  punishment  by  whiping. 

An  order  was  likewise  passed  from  the  Court  requiring  that  Teag  Jones 
and  Richard  Berry,  and  others  with  them,  bee  caused  to  part  theire  vnciuell 
liueing  together,  as  they  will  answare  it. 

*  tres  of  adminnestration  are  graunted  by  the  Court  vnto  Anna  Barker,       [*35.] 
widdow,  the  late  wife  of  John  Barker,  deceased,  to  adminnester  vpon  his 

.  .  .  .        .  John  Wjl- 

estate ;  and  shee  hath  giuen  cecuritie  vnto  the  Court  to  giue  m  an  account  of  Uams,  Junier, 
her  said  adminnestratorshipp  when  she  shalbee  therunto  required;  and  John  ^^"^'"^  ° 

^'^  -1  '  these  engage- 

Williams,  Junier,  standeth  bound  vnto  the  Court  with  her  for  the  same.  ments,  and 

Abraham 

Furthermore,  the  said  Anna  Barker,  widdow,  doth  by  these  ^sents  engage  Blush  standeth 
and  giue  vnto  her  three  daughters,  Anna,  Debora,  and  Mary,  the  summe  of  ^^ead  as  aisoe 
ten  pounds  apeece,  to  bee  paied  vnto  them  when  they  are  of  the  age  of  twenty  appeereth  by 

cecuritie  giuen 

one  yeares ;  and  as  any  of  them  shall  come  to  bee  of  the  said  age,  that  then  by  him  under 
theire  said  ten  pounds  shalbee  deliuered  vnto  them  in  good  and  currant  pay,  or 

Abraham 

six  monthes  after  the  day  of  theire  marriage;  and  incase  any  of  them  die  Blush  cleared 
before  they  bee  of  the  age  of  twenty  one  yeares  or  are  married,  that  then  the  ment  by  paying 
said  summe  of  thirty  pounds  bee  notwithstanding  equally  deuided  amongst  the  legacies 
those  of  them  that  shall  surviue.  pressed. 

Wheras  Josias  Cooke,  late  of  Eastham,  att  the  time  of  his  marriage  with 
Elizabeth,  his  wife,  somtimes  the  wife  of  Steuen  Dean,  deceased,  did  engage 
to  pay  seuerall  portions  vnto  the  children  of  the  said  Steuen  Deane,  as  appeer- 
eth  vpon  record,  these  are  to  testify  and  witnesse  that  the  said  Josias  Cooke 
came  into  the  Court,  and  did  make  it  appeer  vnto  the  said  Court  that  bee  hath 
fully  cleared,  payed,  and  satisfyed  whatsoeuer  was  due  vnto  the  children  of 
the  said  Steuen  Deane,  or  any  of  them,  on  that  accoumpt  and  behalfe. 

Wheras,  by  reason  of  age  and  weaknes,  the  widdow  Hick,  wife  of  the 
late  deceased  Thomas  Hick,  of  Scittuate,  cannot  appeer  in  Court  to  make  oath 
to  the  inventory  of  his  estate,  and  for  like  reason,  alsoe,  the  witnesse  of  the 
will  of  the  said  Thomas  Hicke  cannot  appeer  in  Court  to  make  oath  thervnto, 
the  Court  haue  ordered  M'  Timothy  Hatherley  and  M'  Thomas  Robenson  to 
take  theire  oathes  att  home,  and  ^sent  them  to  the  Court. 

Wheras  complaint  is  made  of  Thomas  Brayman,  of  Taunton,  that  by 


38  PLYMOUTH    COLONY    RECORDS. 

1653.     reason  of  a  distracted  condicSn  in  which  hee  is,  that  both  himselfe  and  wife 
''    "^    are  out  of  any  imployment  which  may  conduce  to  theire  maintanence  and 

9  June. 

Beadpoed     subsistance,  the  Court  haue  ordered,  that  such  of  the  towne  of  Taunton  whoe 
^°^-         are  deputed  by  the  said  towne  to  order  the  especial!  aifaires  therof  shall  des- 
pose  of  the  said  Brayman  as  they  shall  thinke  meet  for  one  in  such  condicbn, 
and  that  his  wife  bee  putt  forth  to  seruice,  beinge  younge  and  fitt  for  the  same, 
and  haueing  noe  other  way  soe  likely  to  procure  her  mayntanance. 
[*36.]  *The  Court  haue  ordered,  that  James  Cole,  the  ordinary  keeper  of  Plym- 

outh, that  his  pay  for  what  hee  expendeth  in  keeping  the  ordinary  shalbee 
payed  in  good  and  marchantable  pay,  either  att  Boston  or  Plymouth ;  and  hee 
is  to  make  such  provisions  of  nessearies  as  shalbee  reqesite  for  the  entertain- 
ment of  strarngers. 

Josepth  Laythorpe  is  allowed  by  the  Court  to  keep  an  ordinary  att  Barn- 
stable. 

John  Ellis  approued  by  the  Court  to  bee  leiftenant  oiF  the  milletary  com- 
panie  att  Sandwidge. 

Samuell  Eider  approued  by  the  Court  to  bee  leiftenant  of  the  milletary 
companie  of  Yarmouth,  and  M'  Wiliam  Hedge  to  bee  ensigne  bearer  of  the 
said  companie. 

Ordered,  that  the  milletary  watch,  lately  sett  vp,  bee  layed  downe  and 
cease  for  the  j^sent. 

Ordered,  that  all  such  as  were  pressed  by  warrants,  issued  out  by  the  late 
counsell  of  warr,  bee  forthwith  released. 

A  certaine  contravercy  betwixt  John  Barnes  and  Winnefred  Whitney 
being  refered  vnto  INI'^  Prence,  M"^  Browne,  M''  Hatherley,  Captaine  Standish, 
M'^  Alden,  and  Capl  Willett,  to  heare  and  issue  conserning  the  said  John 
Barnes  his  affeirming  that  the  said  Winnefred  Whitney  had  testifyed  three 
lyes  in  open  Court,  the  said  John  Barnes,  being  not  able  to  make  proofe  of 
his  accusation,  hath  acknowlidged  his  fault  in  soe  speaking,  accordingly  as 
hee  did  ingage  to  doe  incase  hee  could  not  make  proofe  therof. 

Wheras  diuers  complaints  haue  come  vnto  vs  of  great  dammages  that 
haue  come  vnto  sundiy  men  through  badd  caske  made  by  some  of  the  coopers 
of  this  jurisdiction,  — 

These  are,  therefore,  to  giue  notice  and  require,  that  whatsoeuer  caske 
shalbee  made  for  the  future  within  this  jurisdiction  for  any  liquide  thinge,  as 
oyle  or  tarr,  &d,  shalbee  made  sufficiently  servicable  for  that  end  and  purpose ; 
and  if  they  shall  soe  bee,  that  then  the  said  coopers  shalbee  satisfyed  accord- 
ingly ;  and  if  after  this  order  published,  any  shalbee  found  to  make  any  such 
faulty  caske,  vpon  due  notice  giuen  therof,  they  shalbee  lyablc  to  make  good 
such  dammages  as  shall  come  therby. 


COURT    ORDERS.  39 

*Att  a  Court  of  Assistants  holden  att  Plymouth  the  2"^  of  August,     1653. 

165S.  T7^" 

2  August. 
Bradpoed, 
Befoke  "Wiliam  Bradford,  gen?,  GoG,  and  goO. 

Timothy  Hatherley  and  Thomas  Willett,  [*S1.] 

Gentlemen,  Assistants,  &6. 

WHEE.AS  a  contravercy  depending  betwixt  John  Smythj  Seni,  of  Plyiii, 
and  a  neager  maide  servant  of  John  Barnes,  was  refered,  for  want  of 
clearer  euidence,  vnto  this  Court  to  bee  ended ;  and  accordingly  whatsoeuer 
could  bee  said  on  either  side  was  heard  ;  and  with  admonission,  both  pties 
were  cleared. 

Vpon  a  complaint  of  John  Phillips  against  Josepth  Roes,  for  none  paie- 
ment  of  a  debt  of  six  pound  due  vpon  bill,  an  order  was  directed  vnto  M"^ 
Alden  as  foUoweth  :  These  are  to  request  you,  that  wheras  there  is  a  debt 
due  vnto  Josepth  Roes  from  John  Browning,  deceased,  and  that  certaine  goods 
of  the  said  Brownings  are  in  the  custedy  of  the  cunstable  of  Marshfeild  vn- 
desposed  of,  that  you  would  take  course  that  the  said  goods  of  the  said  Roes 
may  bee  equally  deluded  betwixt  the  widdow  Waterman  and  the  said  Josepth 
Roes  J  and  that  soe  much  as  shalbee  the  pte  of  the  said  Roes,  that  it  bee 
deliuered  vnto  the  said  John  Phillips,  to  answare  pte  of  the  debt  of  the  said 
Roes,  accordingly  as  hee  hath  assigned  it. 

Robert  Barker  desired  some  course  might  bee  taken  for  the  laying  out  of 
the  meddow  allowed  him  att  Namassakeesett,  and  was  refered  vnto  those  that 
were  first  deputed  by  the  Court  to  doe  it,  according  as  it  was  ordered  by  the 
Court  att  the  graunting  therof. 

The  relation  of  the  death  of  Thomas  Bradly,  single  man,  of  Portsmouth,  in 
Road  Island,  whoe  was  found  dead  on  the '  hieway  towards  the  iland 
aforsaid,  July  24,  anno  1653,  as  foUoweth  :  — 

Imprimis,  the  said  Thomas  came  fi:om  Bridgwater  to  Taunton  on  July 
23,  by  eight  of  the  clocke  in  the  morning ;  and  by  nine  of  the  clock  following 
departed  thence,  in  health,  for  ought  was  deserned. 

Item,  about  two  houres  before  sunseting,  on  the  same  day,  one  John 
Smith,  of  Taunton,  coming  fromward  the  said  island,  mett  the  said  Thomas 
on  his  reddy  way  toward  the  said  island,  near  vnto  the  place  wher  hee  was 
found  dead,  reeling  toe  and  firoe  as  if  hee  had  been  drunken ;  of  whom  the 


40  PLYMOUTH    COLONY    RECORDS. 

1653.      said  John  enquired  how  fare  it  was  to  Assonett,  to  which  hee  softly  answared 
^  that  hee  could  not. tell;  and  when  they  were  som  space  of  ground  asunder, 

2  August. 

Beadfoed  ^"-^  ^^^^  John  Smith  saith  that  hee  looked  backe,  and  saw  him  fall  downe  and 
GoS.  i-Jse  vp  againe.  Now,  considering  that  the  said  Thomas  was  of  body  nimble 
and  of  a  reddy  and  able  speech  in  his  common  guise,  and  soe  was  that  morn- 
ing att  Taunton  aforsaid,  wee  doe  conceive  that  his  reeling  toe  and  froe  on  the 
way,  and  his  faintnes  and  scantnes  of  speech,  came  from  weaknes,  imoder- 
ate  heat,  and  decay  of  his  vitalls,  as  both  his  fall  and  his  death  neare  vnto  the 
place  hath  made  it  to  appeer. 
[*38.]  *Item,  on  July  24,  about  10  of  the  clocke  in  the  forenoone,  one  Tobias, 

an  Indian,  dweling  neare  to  Namaskett,  trauelling  from  Road  Island  afor- 
said, came  to  the  place  where  the  said  Thomas  lay ;  and  seeing  him  ly  in  the 
way  on  his  backe,  with  his  hands  on  the  other  side  of  his  brest,  and  supposing 
him  to  bee  asleep,  spake  to  him,  and  on  his  silence,  moued  him,  by  which 
pceiueing  him  to  bee  dead,  and  that  froth  and  foame  was  on  his  lipps,  hee 
went  to  the  next  plantation  of  Indians,  and  procured  some  of  them  to  abide 
by  the  corpes,  that  the  deuouring  wild  beasts  of  the  woods  should  not  prey 
on  it,  whiles  hee  conveyed  tidings  therof  to  the  English  att  Taunton  on  the 
one  side,  and  other  Indians  to  Aquitneck  on  the  other  side.  Whervpon  the 
cunstable  of  Taunton  procured  two  men  to  goe  with  the  said  Tobias  by  water 
vnto  the  place  wher  the  dead  corpse  lay,  whoe  brought  it  vp  to  Taunton  afor- 
said; and  the  cunstable  and  some  other  inhabitants  of  Portsmouth  aboue 
named  came  vp  by  water  vnto  Taunton  aboue  written,  where  by  the  cunstable 
13  men  were  chosen,  of  both  townes  some,  to  view  the  said  corpse,  whose 
names  are  heer  vnder  written ;  whoe,  vpon  view  and  consideration,  find  that 
by  extremity  of  heat  the  said  Thomas  was  overcome,  and  soe  perished  by  him- 
selfe  in  the  wildernesse.  « 

The  names  of  the  13  chosen,  as  aboue  mensioned,  were,  — 

Robert  Crosman, 

James  Bates, 

Wiliara  Hedges, 

Richard  Paule, 

Aron  Knapp, 

Clement  Maxwell, 

John  Cobb, 

Nathaniell  "Woodward, 

Richard  Stacy, 

Edward  Rew. 


Of  Taunton, 


COURT    ORDERS. 


41 


Of  Portsmouth, 


p  me. 


Eichard  Cissell, 
Samuell  Wilson, 
Thomas  Cornhill. 
WILLAM   PARKEE, 

Cunstable  off  Taunton. 


1653. 

2  August. 

BnADroiU), 

GoS. 


*Att  the  Generall  Court   holden  att  JVew  Plymouth  the  4'*  of        4  October. 

October,  1653.  [*39.] 

Befoke  Wiliam  Bradford,  gen?,  GoQ,  Timothy  Hatherley, 

Thomas  Prence,  John  Alden,  and 

Miles  Standish,  Thomas  Willett, 

Gentlemen,  Asistant  in  gouerment,  &(3. 

IN  answare  to  a  petition  prefered  vnto  the  Court  by  such  as  were  pressed 
out  of  the  towne  of  Scittuate  to  goe  forth  as  souldiers,  wherin  they  re- 
quested that  such  nessesarie  charges  for  theire  diete  during  the  time  of  theire 
said  presse,  and  such  like  expences,  as  alsoe  for  theire  losse  of  time  and  other 
hinderances  in  attendance  on  the  said  entended  expedition,  might  bee  defrayed, 
the  Court  ordered  that  forthwith  course  bee  taken  with  those  that  are  appoint- 
ed to  order  the  affaires  of  the  said  towne  that  such  charges  as  are  found  requi- 
site to  bee  defrayed  in  the  aforsaid  respectes  bee  answared  and  defrayed  by 
the  inhabitants  of  the  said  towne  of  Scittuate. 

Vpon  the  request  of  M'  Dexter,  Senior,  it  was  ordered,  that  two  men  bee 
sent  downe  to  Barnstable,  whom  the  Court  shall  depute  to  sett  att  rights  the 
linnes  or  ranges  of  such  lands  as  are  in  contraversy  betwixt  him  and  the 
naighbours  adiacent,  vnlesse  they  shall  agree  about  the  same  amongst  them 
selues. 

Presentments  by  the  Grand  Enquest. 

The  grand  enquest  to  the  honored  Court  as  foUoweth,  vizj  :  — 

"Wee  ^sent  John  Marchant,  of  Yarmouth,  for  misdemeaning  of  himselfe  Fined  fifty 
in  words   and  carriages  with    and   towards   Agnesse,   the  wife    of  Thomas  ^  '     ^^' 
Phillips. 

Alsoe,  wee  request  that  an  oath  of  the  clai'kes  of  the  milletary  companies 
bee  framed  and  exacted. 

Alsoe,  wee  request  that  there  bee  some  appointed  to  require  the  oath  of 
fidelitie  in  euery  townshipp. 


VOL.    IIL 


6 


42 


PLYMOUTH    COLONY    RECORDS. 


1653. 


Fines. 


4  October  Robert  Finney,  for  not  seasonably  apeering  in  Court  to  serue  on  tbe  petty 

Bradpord,    jury,  being  summoned,  is  fined  fiue  shillings. 

Nathaniell  Warren,  for  the  same  default,  fined  fiue  shillings. 


6  December.  *Att  a   Couft  of  Asistaiits  held  tttt  Plymouth   the   sixt  of  Decemr 
[*40.]  her,  1653. 


Befoee  Wiliam  Bradford,  gen?,  Gouer"', 
Cap?  Standish, 

Asistants,  &<3. 


M""  John  Alden,  and 
Cap?  Willett, 


IT  was  agreed,  that  an  order  bee  directed  to  the  cunstable  of  Taunton,  that 
wheras  Thomas  Gilbert  and  John  Tisdall  were  deputed  to  apprise  a  cow 
of  John  Bryants,  of  Taunton,  a  pte  of  the  prise  wherof  is  due  vnto  the  treas- 
ury from  the  said  Bryant ;  and  wheras  they,  the  said  Thomas  Gilbert  and  John 
Tisdall,  haue  exchaunged  the  said  cow  for  a  worse,  and  haue  sent  it ;  that  the 
John  Tisdall     ^^^^  cunstable  of  Taunton  doe  signify  vnto  the  wife  of  the  said  Thomas  Gil- 

for  vnfaithful-  _  °       •' 

nes  in  priseing  bert,  hee  being  gone  for  England,  that  shee  cause  the  cow  that  was  att  first 
chaunging  the  apprised  to  bee  sent,  and  the  other  to  bee  fetched  away,  or  otherwise  that 
said  cow,  fined  JqI^  Tisdall  bee  warned  to  appeer  att  the  next  March  Court  to  answare  his 

twenty  shil- 
lings, default  about  the  ]?mises. 

A  difference  betwixt  Samuell  Kinge  and  Samuell  Cutbert  about  the  win- 
tering of  a  cow  was  heard ;  and  Arther  Hatherway  came  into  the  Court,  and 
testifyed  vpon  oath  that  hee  heard  Samuell  Kinge  say,  that  incase  the  said  cow 
proued  withcalfe,  (which  shee  neuer  did,)  that  then  the  said  Cutbert  was  to 
pay  fourteen  shillinges  for  the  wintering  of  her ;  soe  that  vpon  consideration 
of  this  testimony,  and  of  a  former  record  of  Court  which  this  contreversy 
hath  reference  vnto,  the  said  Cutbert  was  freed  from  paying  that  which  the 
said  Samuell  Kinge  demaunded  on  that  behalfe. 

Thomas  Launders,  of  Sandwidge,  for  speciall  consideration  was  freed  of 
payinge  forty  shillings  of  his  fine  amerced  for  his  fornication  with  his  now 
Avife. 

Edward  Tilson,  for  not  seasonably  apeering  to  serue  on  the  petty  jury, 
being  lawfully  summoned,  was  fined  5'. 


COURT    ORDERS.  43 

Memorand  :  that  when  the  warrants  are  issued  forth  for  the  warninge  of      16  53. 

the  next  Court,  that  deputie  bee  required  to  bee  to  bee  sent  by  each  towne    '       "^ ' 

to  attend  the  said  Court  on  such  occations  as  shalbee  rec[uired  of  them.  M^r^  ^' 

Gofi. 


*Att  the  Generall  Court  holden  att  JVew  Plymouth  the  seuenth  of  1653-4. 

March,  1658. 


Beffore  Wiliam  Bradford,  gentleman,  GoQ,         John  Browne, 

Thomas  Prence,  John  Alden,  and 

Myles  Standish,  Thomas  Willett, 

Timothy  Hatherley, 

Gentlemen,  Assistants,  &6. 

THE  deputies  of  each  towne  appeering,  according  to  the  summons  directed 
to  each  towne  for  that  purpose,  the  occation  of  sending  for  them  was 
declared,  vizj  :  that  wheras  a  letter  hath  been  somtime  sence  receiued  from 
the  Generall  Court  of  the  Massachusetts  conserning  the  confedderaoon  of  the 
Vnited  Collonies,  wherunto  an  answare  was  required  to  bee  made,  accordingly 
the  Court  framed  an  answare,  and  ordered  that  in  theire  name  it  should'  bee 
sent  with  the  first  conveniency. 

2.  That  wheras  sundry  haue  intrenched  vpon  the  liberties  of  the  trad 
belonging  to  vs  att  Kennebeck;  and  wheras  alsoe  ires  pattents  haue  been 
graunted  and  sent  ouer  from  the  honorable  Court  of  Parliment  and  Counsell 
of  State,  therby  giueing  and  graunting  vnto  this  jurisdiction  the  aforsaid  hber- 
ties  of  trad  in  the  aforsaid  riuer,  with  enlargement,  as  alsoe  requiring  that  such 
due  course  should  bee  taken  as  that  the  English  residing  in  the  said  riuer 
should  bee  orderly  gouerned  and  carried  on  in  a  way  of  peace  for  theire 
common  good  in  ciuill  concernments,  the  Court,  taking  the  premises  into  due 
and  serius  consideraoon,  did  constitute,  authorise,  and  comissionate  M'' 
Thomas  Prence,  one  of  the  honored  majestrates  of  this  jurisdiction,  with  fall 
and  ample  power  to  summons  all  and  euery  the  inhabitants,  as  hee  shall  see 
meet,  dwelling  within  the  aforsaid  Riuer  of  Kennebeck,  vnto  some  convenient 
place,  to  receiue  from  him  such  instructions  and  orders  extant  which  hee  hath 
receiued  from  the  aforsaid  Generall  Court  full  power  to  require  their  obser- 
uance  of,  with  full  power  alsoe  to  assume  vnto  himselfe  any  other  pson  or 
psons  whatsoeuer  to  bee  assistant  vnto  him  in  the  j^mises. 


7  March. 

[*41.] 


44  PLYMOUTH    COLONY    RECORDS. 

1  G  5  3-4t  The  names  of  the  deputies  that  appeered  and  acted  in  the  abouesaid 

'^       '    occations  were  these  followinar :  — 

7  March. 

[Bradford,  M'-'  John  Howland,  M'^  Anthony  Thacher 

'  °'^^^°^-J  jyjr  jo]^^  "Winslow,  M"^  Edmond  Hawes, 

Leift  Thomas  Southworth,  Thomas  Hinckley, 

John  Cooke,  Nathaniell  Bacon, 

Gorge  Soule,  M"^  Anthony  Eames, 

Constant  Southworth,  M'  Josias  "Winslow, 

Capt  James  Cudworth,  M'  Steuen  Payne,  nessesaryly 
Robert  Studson,  deteined, 

Thomas  Tupper,  M""  Thomas  Cooper, 

James  Skiffe,  M'  John  Doane, 

Leift  James  Wyate,  Richard  Higgens. 
Richard  Wilhams, 

[*42.]       *Instructions  from  the  Generall  Court  to  Thomas  Prence,  Esq"^,  coinissionated 
for  the  erecting  some  orderly  gouerment  amongst  the  inhabitants  of  the 
Riuer  of  Kennebecke. 
L    That  vpon  theire  appeerance  att  his  summons,  hee  tender  and  require 

them  to  take  the  oath  of  fidehtie  for  the  state  of  England  and  this  ^sent 

goQment  of  New  Plymouth. 

2.  That  hee  acquaint  them  with  the  body  of  lawes  of  this  gouerment ;  our 
intention  being  not  to  expect  theire  strict  obseruance  of  euery  thing  peculiare 
to  ourselues,  but  considering  the  distance  of  the  place,  wee  doe  allow  them 
libertie  to  make  choise  of  such  to  bee  assistant  to  our  coinissioner  as  hee  shall 
approue  of  for  the  making  of  such  further  orders  as  may  best  conduce  to 
theire  welfare. 

3.  That  none  bee  allowed  for  inhabitants  theire  but  such  as  will  take  the 
oath  of  fidellitie  as  abouesaid. 

4.  That  such  psons  onely  as  haue  taken  the  said  oath  of  fidelitie  shall 
acte  in  the  choise  of  such  as  may  bee  assistant  to  our  coinissioner  as  aforsaid 
in  making  and  executing  such  orders  as  may  bee  thought  fitt  to  bee  established 
amongst  them ;  and  the  said  assistants  to  acte  as  if  they  were  actually  freemen 
for  the  f  sent,  vntell  farther  order  bee  taken. 

The  oath  to  bee  taken  of  all  such  inhabitants  as  shalbee  allowed  to  reside 
in  the  liberties  of  this  gouerment,  att  the  Riuer  of  Kennebecke,  is  as  fol- 
lowethe  :  — 

You  shalbee  true  and  faithful!  to  the  state  of  England  as  it  is  now  estab- 


GOURT    ORDERS.  45 

lished ;  and  wheras  you  choose  att  ^sent  to  reside  within  the  goQment  of  New    165  3-4. 
Plymouth,  you  shall  not  doe,  or  cause  to  bee  done,  any  acte  or  actes,  directly    '       ^        ' 
or  indirectly,  by  land  or  water,  that  shall  or  may  tend  to  the  destruction  or    ™     "^^  ' 
ouerthrow  of  the  whole  or  pte  of  this  gouerment  that  shalbee  ordered,  erected,    Governok.] 
or  established,  but  shall  contrarywise  hinder,  oppose,  and  descouer  such  entents 
and  purposes  as  tend  therunto  to  those  that  are  in  place  for  the  time  being 
that  the  gouerment  may  bee  enformed  therof  with  all  convenient  speed ;  you 
shall  alsoe  submitt  and  obserue  all  such  good  and  wholsome  lawes,  ordinance, 
and  officers  as  are  or  shalbee  established  within  the  seuerall  limitts  therof. 
Soe  healp  you  God,  whoe  is  the  God  of  truth  and  punisher  of  falshood. 

•The  widdow  Hallowell  being  graunted  ires  of  adminestration  on  the  estate       [*43.] 
of  Wiliam  Hallowell,  deceased,  doth  allow  vnto  her  two  daughters  ten  pounds  Att  the  Court 
apeece  to   either  of  them,  and  doth  by  these  f>sents  bind  herselfe   for  the  outh  the  S*  of 
pformance  of  it ;  M''  Buckley  being  bound  with  her  for  the  securitie  of  the  i™"'  \®1*'  ^' 

*  JO  Edward  Buck- 

said  portions,  to  bee  paied  att  the  day  of  theire  marriage.     If  either  of  them  ley  came  into 

Ti/'i  1  •  •!  •  !•    ^       1  nx-  ''^e  Court,  and 

die  before  then,  the  surruver  to  enjoy  the  portion  01  the  deceased.    In  wittnesse  -(vas  cleared  of 
wherof  wee  haue  sett  to  our  hands  this  fift  of  January,  1653.  *^''  "''^T' 

•^  ments,  and 

GRACE    HALLOWAY,  7  v  o  lier  marke,  J""^"  ^^'i"^^ 

C^xJ  /  IS  entered  in 

EDWAED   BUCKLEY.  Ms  stead. 

The  widdow  Joane  Chillingsworth  in  like  mannor  came  into  the  Court, 
held  att  Plymouth,  the  T"'  of  March,  1653,  and  acknowlidged  that  shee  hath 
giuen  vnto  her  foure  daughters  the  summe  of  ten  pounds  apeece,  to  bee  deliu- 
ered  to  them  att  theire  day  of  marriage,  or  within  three  monthes  after  the 
same ;  and  alsoe  that  incase  any  of  them  die  before  then,  the  surviuers  to 
haue  theire  pte  that  die  ec[ually  deuided  amongst  them,  and  for  the  pformance 
heerof  Thomas  Doged  and  the  said  Joane  Chillingsworth  haue  joyntly  giuen 
in  securitie  vnto  the  Court. 

Whereas  a  certaine  cow,  belonging  to  the  Court,  from  John  Bryant, 
of  Taunton,  hath  been  detained  and  not  deliuered  vnto  John  Cook,  whoe 
bought  the  same  of  the  Court,  hee  haueing  sustained  dammage  therby,  the 
Court  haue  ordered  and  injoyne  M"^  Gilbert  (whoe  had  the 'said  cow)  with  the 
encrease  of  her  since  shee  was  prised,  that  hee  returne  her  with  her  said 
encrease  by  the  15""  day  of  May  next  well  conditioned,  or  otherwise  to  make 
payment  of  the  summe  of  fifty  shillings  by  the  said  day ;  or  in  case  of  neglect, 
to  bee  required  by  destraint. 

In  respect  of  a  will  extant  of  Wiliam  Palmer,  of  Plymouth,  deceased,  the 


46  PLYMOUTH    COLONY    RECOKDS. 

165  3-4.  ouerseers  of  the  said  will  doe  allow  vnto  Moses  Eowley,  of  Barnstable,  a  cow 
^"  ">  ~^  to  bee  vallued  for  the  prise  therof,  as  M"'  Thomas  France  and  the  said  Moses 
rBEADFOKD  ^0"*^^  shall  agree,  and  what  they  agree  vpon-  about  the  prise  of  the  said 
GovBBNOR.]    cow  to  bee  entered  into  the  Court  records. 

Wheras,  the  wife  of  M'  Thomas  Gilbert  hath  desired  by  her  letter  that 
her  servant,  whoa  hath  receiued  soiTi  hurt,  and  is  now  in  M"^  Streets  family, 
that  there  hee  might  remayne  vntill  her  husband  retui-ne  from  England ;  the 
Court  hath  graunted  her  request,  provided  that  M'  Street  bee  freely  willing  to 
give  him  entertainment,  but  if  not  these  were  to  require  the  cunstable  of 
Taunton  "to  see  that  the  said  seruant  bee  prouided  for  in  some  convenient 
place,  and  that  hee  returne  not  vnto  his  mis  vntill  his  cause  bee  heard  and 
further  order  taken  in  the  same. 
[*44.]  *M''*  Laythorp  is  graunted  ires  of  adminnestracSn  to  adminnester  on  the 

estate  of  M"^  John  Laythorp,  deceased.     M'  Thomas  Prence  is  appointed  and 
requested  by  the  Court  to  take  oath  vnto  the  estate  att  home. 

Fines. 

Edward  Peny,  for  vnorderly  proceeding,  contrary  to  order  of  Court, 
about  his  marriage,  is  fined  fine  pound. 

And  M'  Prence  is  ordered  by  the  Court  to  see  his  marriage  ratifyed  as 
hee  goeth  home. 

Wheras  att  the  Generall  Court  holden  att  Plymouth  the  seuenth  of  June, 
1653,  Thomas  Hieland,  Seni"",  and  Thomas  Hieland,  Juii,  comenced  suite 
against  M"^  Charles  Chauncy,  M''  Anthony  Eames,  Samuell  Jacson,  and  John 
Saffin,  wherby  the  said  pties,  vizj,  M'  Charles  Chauncy  and  the  rest,  were 
defamed,  these  are  to  signify,  that  on  the  fourth  day  of  March,  1653,  the  said 
Thomas  Hieland,  Seni"",  and  Thomas  Hiland,  Ju',  mett  with  the  said  M"^ 
Chauncy  and  the  rest  att  the  house  of  the  said  M''  Chauncy  att  Scittuate,  and 
did  then  and  there  acknowHdge  that  they  had  done  the  said  M'  Chauncy,  M' 
Eames,  Samuell  Jacson,  and  John  SaiEn  manifest  wronge  in  coinencing  suite 
against  them  as  aforsaid ;  whervpon,  at  the  request  of  the  said  M''  Chauncy 
and  the  rest,  it  was  ordered  by  the  Court,  that  the  abouesaid  acknowlidgment 
was  recorded. 

tres  of  adminnestration  was  graunted  vnto  Patience  Faunce,  to  admin- 
nester on  the  estate  of  John  Faunce,  deceased. 

Att  this  Court,  Kanelme  "Winslow  complained  against  John  Soule  for 
speakeing  falsly  of  and  scandalicing  his  daughter  in  carying  diuers  falce  reports 
betwixt  Josias  Standish  and  her  ;  the  which  complaint,  att  the  request  of 


COUKT    OKDERS. 


47 


7  March. 
[Bradfoed, 


Gorge  Soule,  father  of  the  said  John  Soule,  was  refered  vntill  another  Court,    1653-4 
to  bee  tryed  by  a  jury  of  twelue  of  his  equalls. 

Thomas  Tupper,  for  his  negligence  in  not  causing  Edward  Perry,  of 
Sandv/idg,  to  bee  by  him  orderly  married,  being  by  the  Court  appointed  to    Governor.] 
marry  psons  there,  was  required  henceforth  to  desist,  and  is  not  intrusted  with 
that  business  any  more. 

AVarrants  att  this  Coiu-t  were  issued  forth  for  to  require  a  rate  of  twenty 
pounds  to  bee  leuied  for  the  charge  of  the  majestates  table  for  the  yeare  last 
past. 

*March  the  seauenth.     To  the  honored  Court  as  foUoweth,  vizj  :  —  [*45.] 

Wee  ;psent  John  Damman,  of  Scittuate,  for  altering  the  property  of  the  This  is  cleared 
hole  or  well  that  is  neare  his  house  in  the  common  hieway,  to  the  dammage    ^    ^    °"  • 
of  his  naighboia's. 


2.  Wee  psent  Elizabeth  Randall,  of  Scittuate,  for  teling  of  a  lye  to  the  This  p'sent- 
jrment  of  Gowin  White.     JThis  cleared  by  the  fine.J     Paid. 

3.  Wee  ^sent  Josias   Hallott    and  Thomas  Gage    for  prophaning  the 


1661. 


detterment  of  Gowin  White.     JThis  cleared  by  the  fine.J     Paid.  cleared  att  the 

Court  held  att 
Plymouth  the 

Lords  day  by  puting  forth  to  sea  out  of  Sandwidge  Harbor  vpon  the  Lords  eight  of  May, 
day.     Fined  according  to  order. 

4.    Wee  p'sent  Henry  Cole,  of  Barnstable,  for  pilfering  away  of  money 
from  Leiftenant  Mathew  Fuller,  of  Barnstable.     This  respeted. 

Wee  p'sent  Joseph  Rose,  and  Elizabeth,  his  wife,  of  Marshfeild,  for  for- 
nication.    Cleared  by  paying  the  fine. 

Wee  vnderstand  that  the  honored  Court  hath  taken  notice  of  the  mar- 
riage of  Edward  Perry,  and  therefore  for  the  f>sent  wee  leaue  it. 


*Ati  the  GeneraU  Court  of  Election  holden  att  Plymouth  the  sixt  of     1654. 


June,  1004. 

T 

6  June. 

Before  Wiliam  Bradford,  gentleman,  GoQ, 

John  Browne, 

[*46.] 

Miles  Standish, 

John  Alden,  and 

Timothy  Hatherley, 

Thomas  Willett, 

Gentlemen,  Asistants. 

48 


PLYMOUTH    COLONY    RECORDS. 


1654. 

6  June. 
[Bhadpokd, 

GOVEllNOE.] 


M 


R  WILLAM   BEADFOED  elected  GoQ,  and  sworne. 
M"^  Tho:  Prence, 


Cap?  Myles  Standish, 
M'  Wiliam  CoUyare, 
M'  Timothy  Hatherley, 
M"^  John  Browne, 
M'  John  Alden, 
and  Capt  Thomas  Willett, 


elected  Asistants,  and  sworne. 


Capt  Standish  chosen  Treasurer. 


Freemen  admited  this 

Gorge  Macye, 
Eobert  Shelly, 
John  Bryant, 
JWiliam  Eandall,? 
"Wiliam  Clarke, 
Eobert  Barker, 
Steuen  Bryant, 
John  Washburne,  Juni'', 
Abraham  Sampson, 
James  Naighbour, 


Court,  and  sworne. 

John  Scudder, 
Wiliam  Harlow, 
Henery  Atkins, 
Wiliam  Spooner, 
James  Shaw, 
Thomas  Lettice, 
Gyles  Eickard,  Juni', 
Benjamine  Bartlett, 
Bennajah  Pratt. 


The  Cunstables  of  the  seuerall  Townes. 

(  John  Morton, 

[  Samuell  Hickes. 

(  Stephen  Bryant, 

Duxburrow, i  -r  ^       »  • 

(^  John  Aimes. 

(  My  Tho  Eobenson, 

^^^"^^*"' (waiter  Hatch. 

Sandwidge, Tho  Burgis,  Juni', 

Taunton, John  Deane. 

'Yarmouth, James  Mathews. 

Barnstable, Dolar  Dauis. 

[  Gorge  Eussell, 

Marshfeild, i  -r  -,      t. 

(^  John  Rogers. 

Eehoboth, Wiliam  Carpenter. 

Eastham, Jolin  Younge. 


COUKT 

OEDEES. 

4S 

*The  Grand  Enquest. 

1654. 

'  M'  Anthony  Thacher, 

John  Allen, 

6  June. 

M'  Arther  Howland, 
M'  Kanelme  Winslow, 

Anthony  Perry, 
Hezekiah  Hoare, 

[Bradford, 
Governor.] 

[*47.] 

Thomas  Haward,  Seni"^, 

Gilbert  Brookes, 

Gorge  Patrick, 

Humphry  Johnson, 

sworne.  ■ 

M"^  Thomas  Howes, 
Wiliam  Hoskins, 
John  Wood, 
Ephraim  Morton, 
Wiliam  Crocker, 
Samuell  Fuller, 

sworne.  ■ 

Anthony  Dodson, 

Ralph  Allen,  Jun', 

Wiliam  Bassett, 

John  Smally, 

+Gorge  Macye,  exempted,* 

James  Walker. 

The  Names  of  the  Deputies 

5  of  the  seuerall  Townshipps. 

M'  John  Howland, 

James  Walker, 

M'  John  Winslow, 

M'  Edmond  Hawes, 

John  Dunham,  Seni"", 

Samuell  Arnold, 

John  Cooke, 

Thomas  Hinckley, 

Gorge  Soule, 

Nathaniell  Bacon, 

Constant  Southworth, 

M'  Anthony  Eames, 

Cap?  James  Cudworth, 

M"'  Josias  Winslo-w, 

Robert  Studson, 

M'  Stephen  Payne, 

Thomas  Burgis, 

Peter  Hunt, 

James  Skiffe, 

Josias  Cooke, 

I 

[.ichard  Williams, 

Daniell  Cole. 

Duxburrow, 


Scituate, 


Sand, 


Survayors  of  the  Highwaies. 

'  Andrew  Ringe, 

Plyffij Nathaniell  Warren, 

Edward  Gray. 

Tho  Andrews, 

Robert  Barker. 

r  John  Hallot, 

\  Peter  Collymore. 

{  Peter  Gaunt, 

\  Anthony  Bessey. 

f  Anthony  Slocom, . 
Tai^iton, j^^g^  B^t_ 


VOL.    III. 


6  June. 
[Bradford, 
Governor.] 


PLYMOUTH    COLONY    RECORDS. 

f  M'  Wiliam  Lunkin, 

Yarmouth, i  -r  ■,      ^ 

(^  John  (jtorum. 

f  John  Finney, 

Barnstable, i  t  ■,      n    .  , 

[  John  omith. 

[  John  Eouse, 

Marshfeild, ■{  -n-  i      i  o-i 

(^  Jtlichard  feiluester. 

r  Wiliam  Carpenter, 

' \  Gorge  Kindricke. 

f  Jobe  Cole, 

Eastham, "^  r,      i       -ttt-     i 

[  Stephen  Wood. 


[*48.]  *The  oath  of  the  clarke  of  a  milletary  companie  is  as  followeth  :  — 

You  shall  faithfully  serue  in  the  office  of  a  clarke  of  the  milletary  com- 
panie of  for  this  ^sent  yeare,  during  which  time  you  shall  dillegently 
attend  such  sett  times  of  training  as  youer  officers  shall  appoint ;  you  shall 
keep  an  exact  list  of  the  names  of  youer  whole  companie,  and  take  notice  of 
all  such  defects  as  shall  arise  by  the  breach  of  any  wholsom  order  or  orders 
made  by  the  said  companie,  and  gather  in  all  such  fines  as  belonge  therunto, 
and  giue  a  just  account  therof  to  the  company  or  such  as  they  shall  appoint. 

An  Oath  to  bee  adminnestred  to  euery  Towne  Clarke  of  each  Towne. 

You  shall  faithfully  serue  in  the  office  of  a  town  clarke  in  the  towne  of 
for  this  psent  yeare,  and  soe  longe  as  by  mutuall  consent  the 
towne  and  you  shall  agree ;  during  which  time  you  shall  carfully  and  faith- 
fully keep  all  such  records  as  you  shalbee  intrusted  withall,  and  shall  record 
all  towne  .actes  and  orders,  and  shall  enter  all  towne  graunts  and  conveyances  ; 
you  shall  record  all  beirthes,  marriages,  and  burialls  that  shalbee  brought  vnto 
you  within  youer  towne,  and  shall  publish  all  contracts  of  marriages  you  shal- 
bee required  to  doe,  according  to  order  of  Court  bearing  date  the  20""  of 
October,  1646. 


The  Account  of  the  Woulues  killed  by  the  Indians  brought  in  to  this  Court. 

Plymouth,  8  woulues, 04  :  14  :  00 

Duxburrow,  2  woulues,  with  young  ones,     .     .     .     .  01  :  12  :  00 

Barnstable,  3  woulues, 01  :  16  :  00 

Eastham,  4  young  woulues, 01  :  00  :  00 

B«hoboth,  2  woulues, 00  :  19  :  00 


COUKT    ORDERS. 
Being  proportioned  on  each  towne,  come  to,  ■ 


Plymouth, 
Duxhorrow, 
Scittuate,  . 
Sandwidg, 
Taunton,    . 


■  d 

00  : 18  :    0 

00  : 17  :    0 

01  :  10  :  7 
01 : 02  :  02 
00  :  17  :  00 


Yarmouth, 
Barnstable,     . 
Marshfeild,     . 
Eehoboth, 
Eastham,  . 

Summe, 


00  :  17  :  00 
00  :  18  :  08 
00  :  17  :  00 
01:  10:07 
00  :  13  :  07 

10  :  02  :  03 


51 
1654. 

6  June. 

fBHADrOKD, 
GOVERNOE.] 


•Besides  the  20^  p  annum  for  the  majestrates  table,  wee  allow,  as  an  addi-       [*50.] 
tionall  smale  gratuitie  to  the  GoQ,  ten  pounds  for  other  emergent  expences.       This  is  to  bee 

"Wheras  a  right  is  claimed  by  Jobe  Hawkins,  of  Boston,  vnto  the  land  changes  whilh 
of  Major  Wiliam  HoLnes,  deceased,  wHch  land  lyeth  att  the  North  Eiuer,  in  ""^  ^"'''™'^  ^" 

"  '  '  J  J         magestrates 

the  township  of  Marshfeild,  in  the  jurisdiction  of  New  Plymouth,  which  right  ^^'^^<  bo*  f™ 

,.j,j,  -.  -  ^«  time  and  man- 

is  claimed  as  due  debt,  as  alsoe  by  a  legacye  of  forty  pounds  giuen  to  him  in  nor. 
the  last  will  and  testament  of  the  said  Major  Holmes,  the  Court  haue  ordered, 
vpon  consideration  of  the  ^mises,  that  the  said  Jobe  Hawkins  or  his  assignes 
may  enter  vpon  the  said  land,  and  possesse  and  enjoy  the  same  vntell  any 
other  shall  come  and  shew  a  clearer  right. 

M"'  Hatherley  is  appointed  and  requested  by  the  Court,  with  other  of  the 
inhabitants  of  Scittuate,  to  prouide  two  or  three  men  to  view  and  lay  out  the 
most  convenientest  way  from  Plymouth  to  Scittuate,  and  to  see  they  bee  payed 
for  theire  paines  out  of  the  publicke  treasury. 

ij-es  of  adtninnestration  are  graunted  vnto  John  Merritt,  of  Scittuate,  to 
adminnester  on  the  estate  of  Henery  Merrit,  deceased. 

Wheras  Thomas  Huckens,  of  Barnstable,  was  warned  to  appeer  this 
Court  to  answare  for  the  misusing  of  a  poor  servant  of  his,  the  Court,  haueing 
heard  what  can  bee  said  in  the  case,  haue  admonished  the  said  Huckens  to 
carry  better  towards  his  seruant,  and  to  pay  4^  to  the  vnder  marshall  for  goe- 
ing  to  Sandwidg  homward  with  his  seruant  againe  when  hee  came  to  Plym- 
outh to  complain ;  and  alsoe  hee  is  to  defray  what  other  charges  his  said 
seruant  hath  spent  att  Coles  att  Plymouth. 

Wheras  Jonathan  Briggs,  somtimes  servant  of  Wiliam  Hailstone,  of 
Taunton,  complained  against  his  said  m'  that  hee  hath  not  pformed  his  coue- 
nants  to  him,  in  that  hee  did  not  learn  him  the  trad  of  a  tayler,  the  Court 
doth  order  that  the  said  Wiliam  Hailstone  shall  pay  vnto  his  said  seruant 
the  summe  of  15  pounds,  in  good  and  currant  pay,  with  all  convenient 
speed. 


52  PLYMOUTH    COLONY    EECORDS. 

1  G  5  4.  Fines. 

Edward  Perry,  for  refusing  to  haue  his  marriage  rattifyed  before  M' 

[Bradford,    Prence  according  to  order  of  Court,  is  fined  fiue  pounds  for  this  ^sent  Court, 

ovEuxoB.]    ^^^  gQg  £j^g  pounds  for  euery  Generall  Court  that  shall  bee  during  the  time 

of  his  said  neglect  for  the  future. 

This  fine  is  le-  Cap?  Cudworth,  being  a  deputie  for  the  towne  of  Scittuate,  for  departing 

the  Court,  being  required  to  stay  on  speciall  occation,  is  fined  fiue  pounds. 


mitted  by  the 
Court  held 
June  the  fift, 
16.)3. 


[*51.J 


*Presentments  by  the  Grand  Enquest. 

Wee  ^sent  Wiliam  Chase,  Seni,  of  Yarmouth,  for  driueing  one  paire  of 
oxen  in  the  yoke  vpon  the  Lords  day,  in  time  of  exorcise,  about  fiue  miles. 

"Wee  ^sent  the  inhabitants  of  the  towne  of  Plymouth  for  not  providing 
a  standard  according  to  order  of  Court,  vizj,  a  bushell,  an  half  bushell,  a 
peek,  and  an  haife  pecke. 

Wee  ^sent  Lydia  Rawlins,  of  Scittuate,  for  lying,  slaundering,  and  de- 
faming of  her  brother  in  law,  Thomas  Rawlins,  of  Boston. 

Wee  ^sent  John  Smith,  of  Taunton,  for  needles  trauelling  vpon  the 
Lords  day  from  Taunton  to  Nunckatateesett  and  soe  back  againe. 

Robert  Titus  enformed  this  Court,  that  hee,  haueing  sold  his  house  and 
land  att  Rehoboth,  and  being  ere  long  to  remoue  out  of  this  goQment,  and 
that  M'  Browne  had  layed  an  attachment  vpon  some  pte  of  his  estate  to  the 
valine  of  aboue  fifty  pounds,  requiring  him  to  cecure  the  towne  of  Rehoboth 
of  Abner  Ordway ;  and  vpon  hearing  and  debateing  the  matter,  it  did  eui- 
dently  appeer  that  the  said  Robert  Titus  had,  contrary  to  the  mind  of  the 
towne,  receiued  into  and  harbored  in  his  house  as  inmates  Abner  Ordway  and 
a  woman,  psons  of  euill  fame,  with  children.  It  is  therefore  ordered  by  the 
Court,  that  the  said  Titus,  when  hee  remoueth  himselfe  and  famyly,  shall 
carry  the  said  Abner,  and  all  that  appertaineth  vnto  him,  with  him,  or  else 
giue  such  cecuritie  as  M'  Browne  shall  see  meet  for  the  saueing  the  inhabit- 
ants of  the  towne  harmles  from  any  determent  that  may  befall  them  by  Abner 
Ordway,  or  any  such  as  belong  vnto  him  ;  and  in  the  interim  of  his  remoueall 
to  repaire  such  dammage  as  any  shall  sustaine  therby. 

The  Court  haue  graunted  vnto  James  Skiffe,  that  if  hee  can  find  such 

land  as  may  bee  for  his  vse  and  comfort  and  shall  conduce  to  his  benifitt,  soe 

r*52  1       ^*  ^^"^  '^°*'  ^i*''^''^  *^^  liberties  of  any  pticulare  township,  hee  shall  bee  consid- 

Of  this  graunt  ered  in  respect  of  the  residue  of  the  land  due  vnto  him  which  hee  should  haue 

pee  more  in       -^^^  ^^^  j^j^  owne  and  Peter  Talbotts  seruice. 

passages  of  the 

session  of  the  *lj^  regard  of  sundry  contentions  and  intanglements  betwixt  M'  Hatherly 

Court  held  the  .  .  7 

4*  July,  1656.    and  some  of  the  inhabitants  of  the  towne  of  Scittuate,  the  Court  doth  graunt 


COUET    ORDERS.  53 

vnto  M'  Hatherley,  for  to  satisfy  the  pteners  att  Conahassett,  a  certalne  compe-      1654. 
tencye  of  land  out  of  the  bounds  of  any  pticulare  township  on  the  westerly    ' ' 

side  of  the  towne  of  Scituate  aforsaid.  ^  ■^™^' 

_,  [Bbadfobd, 

iiie  Oom-t  haue  graunted  vnto  John  Eogers,  of  DuxbuiTow,  a  certaine    Goveknok.] 

pcell  or  tract  of  vpland  meddow,  bee  it  more  or  lesse,  lying  neare  the  pond 

called  Joaneses  Eiuer  Pond,  in  lue  of  dammage  hee  hath  or  may  sustaine  by 

the  highway  to  the  Massachusets  layed  through  his  land. 

The  bounds  of  the  lands  betwixt  Yaxmouth  and  Eastham,  belonging  to 
the  purchasers,  is  from  the  Eiuer  of  Namskekett  to  a  marked  tree  and  a  stake 
a  little  beyond  the  rocky  point  next  Satuckett,  on  the  sea  side.  The  bounds 
of  the  lands  of  the  said  puixhasers  to  the  eastward  is  from  the  bounds  of 
Eastham  to  the  Easteren  Harbour,  and  from  thence  to  a  little  pond,  being  the 
bounds  of  the  land  bought  for  the  countrey  belonging  to  Cape  Codd. 

The  Coui-t  haue  ordered  and  graunted,  that  whatsoeuer  whales  or  blubber 
shalbee  cast  vp  against  the  lands  of  the  purchasers,  that  the  proprietie  therof 
shalbelonge  >Tito  the  said  purchasers  accordingly  as  vnto  any  of  the  pticulare 
townshipps  when  such  whales  or  blubber  fales  within  any  of  theire  precincts. 

The  Court  haue  ordered,  that  each  towne  send  in  theire  vote  by  proxey 
vnto  the  GoQ  by  the  first  Tuesday  in  July  next  for  the  choise  of  comissioners ; 
and  it  is  refered  to  the  majestrates  to  giue  them  such  instructions  as  they  shall 
judge  meete. 

*Wheras,  vpon  a  ^sent  expedition,  p  order  from  his  highnes  the  Lord  [*53.] 
Protector  of  England,  Scotland,  and  Ireland,  sundry  disbursments  are  forth- 
with to  bee  made,  for  accomplishment  wherof  the  Court,  haueing  therfore 
requested  Capt  Thomas  "WLUett,  M'  John  Winslow,  Thomas  Clarke,  and  Con- 
stant Southworth,  for  the  p>sent  procuringe  of  such  nessesaries  as  conduce  to 
the  comfortable  carriing  on  and  pforming  the  said  expedition,  they  therfore 
heerby  order  the  seuerall  townes  to  repay  all  such  disbursments  as  shalbee 
disbursed  in  the  aforsaid  expedition  in  manner  and  forme  as  foUoweth,  vizj  : 
one  third  therof  to  bee  paied  in  wheat  and  pease,  and  the  other  2  thirds  in 
wheat ;  that  is  to  say,  one  third  of  that  third  in  pease,  and  the  other  2  3*^  in 
wheat. 

11,  another  third  as  foUoweth,  vizj,  one  halfe  in  butter,  and  the  other 
halfe  in  barly  or  mault. 

The  other  third  in  beefe,  porke,  and  mackerell,  of  each  a  third,  and  in 
defect  of  mackerell,  the  one  halfe  therof  in  beefe,  the  other  in  porke  ;  to  bee 
paied  to  M'  Paddy  att  Boston,  excepting  Plymouth  and  Duxburrow,  to  pay  att 
Plymouth  att  or  before  Nouember  next  ensueinge  the  date  heerof,  winds  and 
weathers  suiting,  vpon  the  penaltie  of  30^  fine  for  euery  townes  default  therin. 


54 


PLYMOUTH    COLONY    RECORDS. 


1654. 

6  June. 
[BBASFOim, 

GOTERNOE.] 


Vppon  a  supposition  of  two  monthes  expence,  the  charge  was  calculated 
and  found  to  bee  as  foUoweth  :  — 


20  June. 
[*54.] 


H,  for  the  hier  of  the  barque, 

K,  for  4  mens  wages  and  diet, 

K,  for  a  shallope  and  3  men, 

n,  25  hundred  of  bread,  . 

n,  10  barrels  of  beefe,     . 

K,  2  barrels  of  pork, 

n,  10  bushels  of  pease,    . 

K,  8  bushels  of  meale, 

H,  6  ferkins  of  butter, 

I?,  10  kentels  of  fish,  . 

Tt,  one  tunn  of  beer,    . 

n,  one  quarter  caske  of  sacke, 

11,  20  gallons  of  brandy, 

K,  tobacco, 

K,  a  hogshead  of  salt, 
n,  for  trayes  and  candles, 
K,  for  2  kettles,      .     .     . 


The  summe  totall. 


14  :  00  :  00 
22  :  00  :  00 

24  :  00  :  00 

25  :  00  :  00 
35  :  00  :  00 
09  :  00  :  00 
02  :  00  :  00 
02  :  00  :  00 
09  :  00  :  00 
06  :  00  :  03 

06  :  00  :  00 

07  :  00  :  00 
06  :  00  :  00 
04  :  00  :  00 

01  :  15  :  00 

02  :  00  :  00 

03  :  10  :  00 

118:15:00 


*The  counsell  of  warr  mett  att  Plymouth  the  20"^  of  June,  1654,  att 
which  meeting  warrants  were  issued  out  in  the  name  of  his  highnes  the  Lord 
Protector  of  England,  Ireland,  and  Scotland,  for  the  pressing  of  the  number 
of  fifty  men,  to  bee  taken  out  of  the  seuerall  townes  within  this  jurisdiction, 
to  goe  forth  with  Major  Robert  Sedgwicke  and  Cap?  John  Leueritt  on  an 
intended  expedition  against  the  Duch  att  the  Monhatoes.  The  proportions  of 
each  towne*  are  as  foUoweth  :  — 

Plymouth, 6  men. 

Duxburrow, 6  men. 

Scittuate, 8  men. 

Sandwich, 4  men. 

Taunton, 5  men. 

Yarmouth, 4  men. 

Barnstable, 5  men. 

Marshfeild, 5  men. 

Rehoboth, 4  men. 

Eastham, 3  men. 


COURT    OKDEES.  55 

These,  being  -well  prouided  for,  were  to  goe  forth  vnder  the  comaund  1654. 

of  Captaine  Myles  Standish,  whoe  was  ordered  to  bee  theire   comander  in  '""     "^       ' 

cheife ;  Leiftenant  Mathew  Fuller  was  ordered  to  goe  forth  with  him  as  leif-  mnAi,™^,, 

tenant  on  this  expedition ;  and  Hezekiah  Hoare  was  appointed  to  bee  ensigne  Goteknok.] 
bearer. 

The  comission  giuen  to  Captaine  Standish  is  as  foUoweth  :  — 

Wheras  wee  are  required  by  his  highness  the  Lord  Protector  of  England, 
Ireland,  and  Scotland,  to  aiford  assistance  vnto  that  designe  of  reducesing  the 
Duch  to  obedience  vnto  the  state  of  England,  in  order  therunto,  wee,  haueing 
raised  som  forces,  ouer  which  wee  doe  constitute  our  welbeloued  frind,  Capi 
Myles  Standish,  theire  leader  and  comaunder  in  chiefe,  of  whose  approued 
fidelitie  and  abillitie  wee  haue  had  long  experience,  vnto  whose  wisdome  and 
discretion  wee  doe  committ  the  leading  and  ordering  of  these  our  men,  and 
vnto  whom  wee  doe  require  our  men  to  yeild  all  due  obedience  as  vnto  theire 
comaunder;  and  that  hee  bee  reddy,  vpon  the  28">  of  this  fsent  June,  att 
Plymouth,  to  receiue  such  men  as  shalbee  theire  comitted  to  him,  and  vpon 
the  29"^  day  to  march  them  vnto  Sandwich,  and  theire  further  to  receiue  those 
that  shalbee  brought  from  those  four  plantations  vnto  him ;  and  from  thence 
to  march  his  men  to  Manomett,  and  there  to  shipp  them  aboard  the  barkque 
called  the  Aduenter,  and  soe  taking  the  first  oppertunitie  of  wind  &  weathers 
of  sayling  to  the  Monhatoes,  or  such  place  of  randeuoos  as  shall  shalbee  *ap-  [*55.] 
pointed,  there  to  meet  with  Major  Robert  Sedgwicke  and  Capl  John  Leuerett, 
the  coinissioners  in  chiefe  appointed  by  his  highnes  the  Lord  Protector  for  the 
designe,  and  there  to  joyne  with  them  for  the  carrying  on  of  the  said  designe 
according  to  such  direction  as  shalbee  giuen  him  from  time  to  time  by  the 
comissioners  in  cheife  and  counsell  of  warr. 

Plymouth,  June  the  20*,  1654. 

Giuen  under  our  hands  and  common  scale  of  our  goflment, 

WILLAM   BRADFOED,  Presedent, 
JOHN   ALDEN,  THOMAS   PRENCE, 

THOMAS   WILLET,  WILLAM   COLLYARE, 

JAMES   CUDWORTH,  TIMOTHY  HATHERLEY. 

JOHN  WINSLOW, 

Captaine  Thomas  "Willett  was  ordered  speedily  to  repaire  vnto  the  comis- 
sioners in  chiefe,  whoe  were  att  present  att  the  Massachusets,  to  accompanie 
them  vnto  the  Monhatoes,  and  to  bee  assistant  vnto  them  in  aduise  and 
counsell ;  — 


56  PLYMOUTH    COLONY    KECOEDS. 

1654.  Whose  comission  is  as  foUowetli :  — 

20  June.  "Wheras,  in  obedience  to  his  highnes  the  Lord  Protector,  wee  are  willing 

[Bradpokd, 
GovERNOK.]    to  concurr  according  to  our  weake  abillitie  in  the  designe  against  the  Duch  att 

the  Monhatoes,  in  reference  vnto  the  nationall  quarrell,  and  being  desired  that 
wee  should  send  some  for  to  counsell  and  aduise  with  those  who  are  author- 
ised in  cheife  by  his  highnes  the  Lord  Protector  for  the  carrying  on  of  that 
designe  accordingly,  wee  haue  appointed  and  authorised  our  trusty  and  welbe- 
loued  frind,  Capt  Thomas  Willett,  to  goe  along  with  them,  and  to  aford  his 
best  healp  therin  for  the  furthering  of  the  designe ;  as  alsoe  our  trusty  and 
welbeloued  fi.ind,  Capt  Myles  Standish,  when  hee  shall  meet  with  them,  as 
oppertunity  shall  g>sent  and  occation  shall  requue.  Giuen  vnder  our  hands 
and  common  scale  of  our  goflment. 
Plymouth,  June  20"",  1654. 

WILLAM   BRADFORD,  Presedent, 
JOHN   ALDEN,  THOMAS   PRENCE, 

JAMES   CUDWORTH,        WILLAM   COLLYARE, 
JOHN   WINSLOW,  TIMOTHY  HATHERLEY. 

[*56.]  *The  Instructions  for  our  welbeloued  frinds.  Cap?  Miles  Standish  and  Cap? 

Thomas  Willett,  are  as  followeth  :  — 

1.  That  wee  onely  joyne  in  this  busines  with  respect  vnto  the  nationall 
quarrell. 

2.  To  attend  onely  the  comission  that  hath  been  seen ;  and  if  any  thinge 
bee  vrged  beside  it,  to  decline  and  wane  it. 

3.  If  any  proposition  bee  made  or  way  proposed  to  make  restitution  to 
the  other  coUonies  for  theire  charges,  wee  alsoe  looke  for  and  expect  the 
like. 

4.  That  if  our  men  want  any  thing,  that  you  would  improue  youer  youer 
enterest  in  that  behalfe  to  make  a  supply ;  and  wee  shall  see  the  countrey 
make  you  due  satisfaction. 

5.  That  you  take  all  occations  and  opportunities  of  conyeying  intelli- 
gence vnto  vs. 

6.  That  the  designe  being  accomplished,  you  endeauour  to  returne  our 
men  with  what  convenient  expedition  may. 

7.  Other  things  of  Hke  nature  which  may  fall  in,  which  wee  think  not  of, 
wee  leaue  to  youer  discretion. 


COURT    ORDERS.  57 

The  Tenuer  of  the  "Warrant  issued  out  for  the  Pressing  of  Men  for  the  165  4. 

Seruice  aboue  expressed.  *"      "•        ' 

20  June. 

Ne-w  Plymouth  :    To  the  Cunstable  of,  &6.  [Bradfoed, 

GOTBENOK.] 

Greet,  &&.  These  are  in  the  name  of  his  highnes  the  Lord  Protector  of 
England,  Ireland,  and  Scotland,  to  will  and  require  you  ^sently,  vpon  receipt 
heerof,  without  delay  to  presse  the  number  of  men  out  of  youer  owne 

towne  able  and  fitt  to  goe  vnder  the  comaund  of  Cap!  Myles  Standish,  to  bee 
ymployed  in  goeing  forth  vpon  an  expedition  against  the  Duch  att  the  Mon- 
hatoes,  wherunto  wee  are  nessesarily  required ;  and  see  that  they  bee  suiE- 
ciently  furnished  with  armes  and  ammunition,  yidelecett,  fierlock  peeces, 
swords,  bandeleers  or  pouches,  with  one  pound  of  powder  and  one  pound 
of  bullets  to  each  man ;  as  alsoe  that  each  man  bee  prouided  of  3  daies  pro- 
uision  in  his  knapsack :  the  said  men  being  prouided  as  aforsaid,  you  are 
heerby  required  to  bring  them  vnto  Plymouth  on  Wensday,  being  the  28""  of 
this  instant  June,  then  and  there  to  deliuer  them  vnto  Capli  Myles  Standish ; 
wherof  fayle  not  att  youer  pill. 

For  the  furtherance  of  the  expedition  against  the  Duch,  it  is  ordered, 
that  any  of  the  counsell  of  warr  shall  haue  power  to  presse  any  thinge  that 
shalbee  found  nessesarie  in  the  seuerall  townes,  as  occation  shall  require.  ^**«'*  **  ^^y- 

the  20"'  June, 
1654. 

♦Ordered  by  the  Counsell  of  Warr.  [*57.] 

That  if  any,  to  avoyd  the  f  sent  presse,  shall  depart  out  of  theire  owne 
towne  to  another,  that  then  the  cunstable  of  that  towne  is  required  to  presse 
them  notwithstandinge  ;  and  such  to  goe  vpon  account  of  theire  owne  towne, 
and  to  bee  sent  forthwith  to  the  cunstable  therof. 

The  barkque  in  which  Samuell  Mayo  sayleth  was  pressed  to  attend  the 
said  seruice  for  the  transportation  of  the  souldiers. 

And  in  Hke  mannor  the  boate  of  James  Cole,  of  Plymouth,  with  seamen 
to  goe  in  them  on  the  said  busines. 

Vpon  the  23'i  of  June,  1654,  happy  tidings  came  of  a  long  desired  peace      23  June, 
betwixt  the  two  nations  of  England  and  Holland,  by  which  all  the  aforsaid 
intentions  and  preparations  ceased  from  being  imployed  and  improued  vnto 
the  carrying  on  of  the  aforsaid  enterprize. 

♦Wheras  it  hath  pleased  the  right  hoiible  the  counsell  of  state  of  the       [*58.] 
common  wealth  of  England,  notwithstanding  theire  many,  great,  and  waighty 
occations,  to  take  into  considerac6n  the  condition  of  the  English  inhabiting 
vpon  or  neare  adjoyning  vnto  the  riuer  commonly  called  Kenibeck,  whpe,  by 

VOL.    III.  8 


58 


PLYMOUTH    COLONY    RECOKDS. 


16  5  4.     reason  of  remoteness  from  other  jurisdictions  and  theire  owne  phawsitie  and 

'  fewnes,  haue  not  hetherto  injoyed  the  benifit  of  goQment,  noe  doubt  to  the 

rg       ^^      great  greife  of  all  well  affected  English,  it  hath  now  pleased  the  right  honble 

Governor.]    counsell  of  state,  by  authoritie  of  Parliment,  to  confer  the  gofiment  of  the 

afors'*  inhabitants  vpon  the  jurisdiction  of  New  Plymouth,  the  first  inhabitants 

and  goQment  in  those  ptes,  as  by  theire  ires  pattents  doth  appeer. 

In  p''suance  wherof,  and  by  vertue  of  the  aforsaid  authoritie  graunted  to 
Wiliam  Bradford  and  his  associates,  the  said  Wiliam  Bradford  and  his  asso- 
ciates, att  a  Generall  Couit  held  att  New  Plymouth,  gaue  full  power  and 
authoritie  to  M''  Thomas  Prence,  one  of  the  Assistants  in  the  aforsaid  goQmeut, 
for  the  settleing  of  a  goQment  vpon  the  said  riuej  of  Kennebecke ;  by  vertue 
wherof  the  said  Thomas  Prence  issued  out  a  warrant,  directed  to  the  marshall 
of  New  Plymouth,  bearing  date  the  lo'''  of  INIay,  1654,  requiring  the  in- 
habitants vpon  the  said  riuer  to  make  theire  psonall  appeerance  att  the  house 
of  Thomas  Ashley,  att  Merry  Meeting,  vpon  the  23'^  of  that  ^sent  month ;  att 
which  time  and  place  the  people  generally  assembled,  and  after  publishing  of 
the  aforsaid  authoritie,  the  inhabitants  heer  vnder  written  haue  taken  the  oath 
of  fidelitie,  vizj  :  — 


Thomas  Purchase,  gentle, 
John  Stone, 
Thomas  Ashly, 
John  Richards, 
James  Smith, 
Wiliam  James, 
Thomas  Parker, 
John  White, 


John  Browne, 
Wiliam  Dauis, 
Thomas  Weber, 
Thomas  Atkins, 
James  Coale, 
John  Parker, 
Emanuell  Hughes, 
AUexander  Thawyt. 


Att  the  same  meeting,  M^'  Thomas  Purchase  was  chosen  by  the  psons 
abouenamed,  and  approued  by  M"^  Thomas  Prence,  to  bee  an  Assistant  to  the 
goQment  in  this  pte  of  the  jurisdiction  of  New  Plymouth,  and  an  oath  admin- 
nestred  vnto  him  fore  the  more  powerful!  and  lawfuU  adminnestration  in  the 
said  office ;  and  alsoe  att  the .  same  ^sent  meeting,  M'  Prence  hath  declared 
r*59  1  that  *Leiftenant  Thomas  Southworth,  now  residing  att  Cushenage  vpon  the 
said  riuer,  and  such  other  as  shalbee  sent  thether  from  time  to  time  to  haue 
the  goQment  of  that  family,  are  alsoe  envested  into  the  same  power  and 
authoritie  to  bee  asistant  vnto  the  gouerment  in  this  pte  of  the  jimsdiction 
of  New  Plymouth  aforsaid,  for  the  carrying  on  of  goGment  heer  according  to 
such  good  and  wholsome  lawes  as  are  and  shalbee  made. 


COURT    ORDERS. 


59 


Att  the  same  time  Thomas  Ashly  was  chosen  cunstable  by  the  inhabit-      165  4. 
ants,  and  sworne  to  the  execution  of  his  office.  ' y ' 

23  June. 

The  Office  of  an  Asistant  in  this  Precinct  [Bbabpoi^ 

tiOVERNOR.J 

Is  to  see  the  execution  of  all  such  good  and  wholsom  lawes  as  are  and 
shalbee  made,  and  for  that  end  to  issue  out  warrants  to  the  cunstable  for  the 
apprehending  of  all  such  as  are  dehnkquents,  as  alsoe  to  heare  and  examine 
all  such  cases  as  shall  come  before  them ;  to  glue  out  supenaes  for  any  that 
are  to  giue  euidence  in  any  case  depending ;  to  giue  summons  for  the  wai-ning 
of  a  jury  for  the  triall  of  causes,  as  alsoe  to  adminnester  oathes  in  all  lawful! 
,  and  nessesarie  cases,  to  graunt  execution  a  month  after  judgment,  which  exe- 
cution to  bee  directed  to  the  cunstable  for  the  time  beinge ;  alsoe,  to  mary 
psons,  vpon  euidence  of  theire  lawfuU  proceedings. 

The  Oath  of  an  Asistant. 

You  shalbee  truly  loyaU  to  the  f>sent  commonwealth  of  England ;  and 
wheras  you  are  chosen  to  bee  an  Asistant  to  the  goQment  of  this  pte  of  this 
jurisdiction  of  New  Plymouth  for  this  g>sent  yeare,  according  to  that  measure 
of  wisdome  and  descretion  God  hath  giuen  you,  you,  for  youer  pte,  shall 
obserue  and  keep  to  the  vtermost  of  youer  power  all  such  lawes  and  ordi- 
nances as  are  and  shalbee  made  ;  and  that  you  shall  cause  all  transgressors 
of  the  aforsaid  lawes  and  ordinances,  or  any  of  them,  in  due  time  to  bee 
brought  to  due  triall  according  theire  seuerall  offences  respectiuely,  without 
pshalHtie  to  any ;  alsoe,  you  shalbee  reddy,  from  time  to  time  &  att  all 
times,  to  issue  out  all  such  warrants  as  shalbee  requisite  for  the  apprehending 
of  any  pson  or  psons  that  are  deHnkquents  in  respect  of  the  breach  of  any 
orders  and  lawes  that  are  or  shalbee  made,  and  by  all  due  meanes  and  courses 
seeke  the  good  of  this  jurisdiction.     Soe  healpe  you  God,  &S. 

The  Oath  of  a  Cunstable. 

You  shall  faithfully  serue  in  the  office  of  a  cunstable  in  the  ward  of  the 
Riuer  of  Kennebecke  for  this  ^sent  yeare,  according  to  that  measure  of  wis- 
dome, vnderstanding,  and  descretion  God  hath  giuen  you ;  in  which  time  you 
shall  dilligently  see  that  the  peace  coiiiaunded  bee  not  broken,  but  shall  carry 
the  pson  or  psons  offending  before  some  one  of  the  Asistants  heer  chosen, 
and  there  attend  the  hearing  of  the  cause  and  such  order  as  shalbee  giuen 
you;  *you  shall  apprehend  all  suspicious  psons  and  bring  them  before  the  said  r*60.] 
Asistants,  or  one  of  them,  as  aforsaid ;  you  shall  duely  and  truly  serue  such 
warrants  and  giue  such  summons  as  shalbee  directed  vnto  you  from  the  GoQnor 


60  PLYMOUTH    COLONY    RECOKDS. 

16  54.     or  Asistants  before  mencioned,  and  shall  labour  to  advance  the  peace  and 
'^       '    happines  of  this  corporation,  and  oppose  any  thinge  that  shall  aiioy  the  same 

20  June.  ,  u 

rBBADFonD     ^y  ^^^  ^^^  means  and  courses.     Soe  healp  you  God,  whoe  is  the  God  of  truth 
GovEENOE.]    and  punisher  of  falchood. 

The  Office  of  the  Clarke. 

You  shall  faithfully  serue  in  the  office  of  a  clarke,  vnto  -which  you  are 
chosen  in  this  wardshipp  of  the  Eiuer  of  Kennebecke  for  one  whole  yeare ; 
you  shall  make  true  entries  of  all  such  orders  and  lawes  as  are  or  shalbee 
made,  and  faithfully  keep  all  such  things  comited  to  youer  trust,  and  truely 
record  all  such  verdicts  as  shalbee  giuen  in  by  the  jury  from  time  to  time,  as 
alsoe  make  an  entrey  of  such  sensures  as  are  pased  vpon  any  denlinkquents  by 
the  Asistants  or  either  of  them ;  you  shall  faithfully  make  entrey  of  the  true 
bounds  of  lands  as  they  shalbee  giuen  to  you  att  the  appointment  of  the 
Asistants  or  in  pubUcke  Court.     Soe  healp  you  God,  &6. 

Orders  made  and  agreed  vpon  att  the  same  Meetinge. 

1.  That  all  capitall  crimes,  and  trials  vpon  life  and  death,  bee  refered 
to  the  Generall  Court  att  Plymouth. 

1.  Treason  against  the  commonwealth  of  England  or  these  coUonies. 

2.  WilfuU  murther. 

3.  SoUem  conversing  or  compacting  with  the  diuill  by  way  of  conjurac6n 
or  the  like. 

4.  WilfuU  or  purposed  burning  of  houses. 

5.  Sodomy,  rapes,  and  buggary. 

6.  That  adultery  bee  tried  att  Plymouth. 

7.  That  theft  bee  punished  by  restitution  of  three  or  4  fould,  according 
to  the  nature  of  the  offence  and  according  to  the  discretion  of  the  Asistants. 

8.  That  if  any  pson  or  psons  drinke  themselues  drunke,  for  the  first 
default  5^  for  the  2"=™*  10',  and  the  3*  time  bee  sett  in  the  stockes. 

9.  WilfuU  prophaning  of  the  Lords  day  to  bee  punished  according  to 
the  discretion  of  the  Asistants. 

10.  Wheras  there  hath  been  great  abuse  by  trading  wine  and  other 
strong  liquors  with  the  Indians,  wherby  they  drinke  themselues  drunke,  and 

r*61.1  ^^  theire  drunkenes  comitt  much  *horred  wickednes,  as  murthering  theire 
nearest  relations,  &6,  as  by  sadd  and  woefuU  expetience  is  made  manifest,  it 
is  therfore  ordered,  that  noe  pson  or  psons  whatsoeuer,  from  this  time,  trad 
any  strong  liquors,  directly  or  indirectly,  to  the  Indians,  within  this  jurisdic- 
tion, vpon  the  forfeiture  of  the  dubble  valine  of  the  goods  soe  traded  for  theire 


COURT    ORDERS. 


61 


first  default ;  and  four  fold  for  theire  2"=»"'i  default  in  that  kind ;  and  for  the     16  5  4. 

third  default,  if  an  inhabitant,  to  lose  the  priuilidge  of  tradinge  with  the    '"'    '^     ' 

Indians  for  the  future;  and  for  any  stranger  that  shall  come  to  trade  or  co-    n3„.™„„„ 

merce  with  the  English,  or  any  other  that  haue  not  taken  the  oath  of  fidelitie   Governoe.] 

to  the  commonwealth  of  England  and  this  ^sent  goQment,  and  yett  reside 

within  the  limits  of  this  jurisdiction  or  any  pte  therof,  for  the  ^sent,  for  theire 

first  default  in  that  kind,  to  forfeite  the  summe  of  ten  pounds  sterling,  to  bee 

leuied  vpon  theire  goods  or  estate  that  shalbee  found  within  this  jurisdiction  or 

any  pte  therof,  and  for  the  2°°""*  default  20"  sterling,  to  bee  leuied  as  aforsaid ; 

the  one  halfe  of  all  such  penalties  to  bee  desposed  of  to  the  psons  enforming, 

and  the  other  halfe  to  publicke  vses. 

11.  That  fishing  and  fowling  bee  free  to  all  the  inhabitants  as  formerly. 

12.  That  if  any  Indian  or  Indians  bring  beauor  or  moose  to  any  of  the 
inhabitants  of  this  riuer  within  theire  owne  limits,  they  may  trad  freely  with 
them  as  formerly,  prouided  it  bee  for  not  such  things  as  are  prohibited. 

13.  That  there  bee  noe  action  tried  att  this  Court  exceeding  20"  sterling, 
vnlesse  by  the  consent  of  both  pties  ;  and  incase  any  greater  action  doe  arise, 
then  the  case  to  bee  tryed  att  the  Generall  Court  att  Plymouth. 

14.  It  is  agreed  that  the^  next  Court  is  to  bee  holden  the  3''  day  of  the 
weeke  following  the  20""  of  May  next,  att  the  house  of  Thomas  Ashly. 

15.  That  aU  actions  betwixt  ptie  &  ptie  bee  tryed  by  the  verdict  of  12 
men. 

That  Thomas  Ashly  shall  haue  liberty  to  keep  an  ordinary  for  making 
comfortable  prouision  to  entertaine  strangers  and  others  for  theire  refreshment, 
paying  for  the  same. 


*The  Juriers  for  to  lay  out  the  convenientest  Way  from  Sandwich  vnto 
Plymouth,  swome  before  M'  Prence,  February  24,  1652. 


swome. 


Anthony  Thacher, 
Thomas  Dexter, 
Thomas  Hinckley, 
Wiliam  Hedge, 
Edward  Banges, 
Josepth  Rogers, 
John  Winge, 


sworne. 


John  Ellis, 
Henery  Dillingham, 
James  Skiffe, 
John  Finney, 
Jonathan  Hatch, 
Wiliam  Bassett. 


The  27*"  of  the  12'",  1652. 
Wheras  wee,  whose  names  are  vnderwritten,  impanneled  by  M'  Prence 
to   lay  out  a  way  for  the  countreys  vse  betwixt  the  townes  of  Plymouth  and 


[*62.] 

The  oath  they 
tooke:  You  and 
euery  of  you 
shall  choose  & 
lay  out  a  com- 
mon hieway 
between  Plym. 
&  Sandwich  ac- 
cording to 
youer  best 
judgments, 
wheer  you  shall 
find  it  most 
convenient  for 
the  countries 
vse. 


62 


PLYMOUTH    COLONY    KECORDS. 


1654.      Sandwich,  haeing  serched  out  for  the  same,  doe  ^sent  vnto  this  Court  as  fol- 
"^'  loweth  :  that  wee  haue  marked  and  laved  out  the  convenientest  way,  in  our 

20  June.        .  ■' 

[Bradford,  j'lidgments,  between  the  said  toiv  townes,  vizj  :  begining  att  Sandwich,  and 
Governor.]  ggg  leauing  Good  man  Blackes  house  on  the  right  hand,  ruiiiug  crosse  the 
swampe  ouer  the  riuer,  and  soe  vpon  a  nornorth  west  line  soe  faiing  vpon  the 
Eelriuer,  where  two  great  trees  of  spruce  lye  ouer  the  riuer,  and  soe  thence 
as  it  is  marked  as  neare  vpon  the  same  line  as  conveniencye  would  aiford  vs 
into  the  broad  cart  path  as  comes  to  Nathaniell  Mortons  house,  and  soe  vnto 
the  towne  of  Plymouth. 

ANTHONY   THACHER, 
THOMAS   DEXTER, 
EDWARD   RANGES, 
THOMAS   HINCKLEY, 
JOHN   WINGE, 
WILLAM   HEDGE, 


JOHN   ELLIS, 
JAMES   SKIFFE, 
JOSEPTH   ROGERS, 
HENRY  DILLINGHAM, 

WILLAM   BASSET, 
JOHN   FINNEY. 


3  July.  July  S"*,  1654.     These  are  to  signify  vnto  such  as  it  may  conserne,  that 

vpon  the  desire  of  M''  Arther  Howland,  for  the  ending  of  contraversies,  that 
hee  might  know  the  bounds  of  his  lands  wheron  hee  now  liueth,  which  hee 
bought  of  M"^  Freeman,  the  Court  doe  determine,  that  Capt  Standish,  M'' 
Alden,  Phillip  Delanoy,  and  Experience  Michell  shall,  as  soone  as  conve- 
niently they  can,  goe  thether  and  acquaint  the  said  M'  Howland  and  Thomas 
Doged  with  the  bounds  of  the  said  lands  according  to  the  originall  grarmt. 


1654.     *Mt  a  Generall  Court  holden  vpon  extreordiary  Occation  att  Plym- 
outh, the  first  of  August,  1654. 


1  August. 

[*63.] 


Before  Wiliam  Bradford,  gentleman,  GoQ, 
Wniam  CoUiare, 
Myles  Standish, 

Gent,  Assistants,  &6. 


Timothy  Hatherley,  and 
John  Alden, 


Of  these  in-      T  |  "^HE  deputies  of  each  towne  appeered,  according  to  the  summons  sent  for 
structions  see     j^     them,   the   occation  wherof  was   concerning  the   confederation  of  the 

more  three  " 

pages  forward   United  CoUonies,  vpon  agitation  about  sundry  pticulars  conserning  the  same  : 

in  this  booke.  ,         _ .     . 

the  resute  was  to  send  comissioners  as  formerly ;  and  for  that  end  instructions 


COUKT    ORDERS. 


63 


■were  prepai-ed  for  them  to  make  yse  of  att  the  time  and  place  of  meeting, 
which  was  att  Conecticott,  the  first  Thursday  in  September,  1654. 

The  Deputies  Names. 


M'  John  Howland, 
M'  John  Winslow, 
John  Dunham,  Sen!, 
John  Cooke,  Jun'", 
Chi'istipher  Wadsworth, 
Wiliam  Paybody, 
Cap?  James  Cudworth, 
Robert  Studson, 
Thomas  Tupper, 
Thomas  Burgis, 
Richard  Williams, 


M"^  Oliver  Purchase,  absent, 

Thomas  Hinckley, 

Nathaniell  Bacon, 

M''  Anthony  Thacher, 

M"^  Edmond  Hawes, 

M''  Josias  Winslow,  Sen', 

M'  Anthony  Eames, 

M"^  Stephen  Payne, 

Peter  Hunt, 

Daniell  Cole, 

M"^  John  Freeman. 


1654. 

1  August. 
[Bbadpoed, 
goveknok.] 


Att  this  Court  it  was  agreed,  that  a  letter  should  bee  directed  vnto  M"^ 
Thomas  Purchas,  att  Pashipscott,  in  the  Riuer  of  Kennebecke,  in  theire  names, 
to  approue  of  the  seruice  hee  hath  vndertaken  in  being  healpfull  and  assistant 
in  the  ordering  and  gouerning  of  the  inhabitants  of  the  said  riuer,  and  to 
incurrage  him  therin,  and  otherwise  to  congratulate  with  him  ;  which  accord- 
ingly was  pformed. 

An  order  was  passed  by  the  Court  to  M'  Anthony  Eames  and  Robert 
Studson,  authorising  and  requiring  them  to  see  that  the  thi'ee  score  acres  of 
meddow  att  Conahassett  belonging  to  the  toune  of  Hingham  bee  layed  out 
according  to  the  acte  of  the  coinissioners  conserning  the  same  ;  and  word  was 
sent  from  the  Court  to  request  the  Hingham  men  to  depute  two  men  of  theires 
to  bee  helpfiiU  about  the  same  busines. 

Peter  Hunt  was  approued  of  by  the  Court  to  bee  leiftenant  of  the  mil- 
letary  companie  of  Rehobothe ;  and  M"^  John  Browne,  Juni',  to  bee  ensigne 
bearer  of  the  said  companie. 

Thomas  Hinckley  tooke  oath  to  bee  towne  clarke  of  the  towne  of 
Barnstable. 

Vpon  the  complaint  of  Robert  Ransom,  seruant  somtimes  to  Thomas 
Dexter,  Juni%  that  hee  was  hardly  vsed  and  vnreasonably  dealt  withall  by  his 
said  master,  the  Coui-t  heard  what  could  bee  said  in  the  case,  and  witnesses 
were  produced  on  either  side ;  but  that  which  hee  charged  his  master  withall 
about  the  ^mises  could  not  bee  proued ;  wherupon  Thomas  Clai-ke,  of  Plym- 
outh, bought  out  his  remaining  pte  of  his  time  of  his  said  master  ;  and  the 


4  August. 


64 


PLYMOUTH    COLONY    KECORDS. 


16  54.      Coiirt  admonished  him  to  carry  himselfe  better  then  hee  had  formerly,  and 
^"      '       ^    incase  hee  should  behaue  himself  as  formerly,  hee  should  not  escape  corporall 

1  August.  .  .  „  . 

rBitADFORD     *corporall  punishment.   Alsoe,  M''  Nathaniell  Fish,  of  Sandwidge,  for  entertam- 
GovERxoK.]    ing  him,  the  said  Ransome,  into  his  house,  and  otherwise  indescretly  carrying 
L  ""*•]       towards  him,  wherby  hee  was  abetted  in  his  stubbui'nes  against  his  said  mas- 
ter, was  fined  by  the  Court  twenty  shillings,  after  hee  had,  together  with  the 
said  Robert  Ransome,  been  coinited  to  the  custide  of  the  marshall  a  night  and 
pte  of  a  day. 

M"^  Anthony  Thacher,  M'  Josias  Winslow,  Seni',  and  Thomas  Hinckley 
were  appointed  to  take  the  account  of  the  Treasurer  for  the  yeare  last  past  of 
his  recepts  and  paiments,  which  is  as  followeth  :  — 


The  account 
giuen  in  by  the 
Treasurer. 


Due  from  Cap?  Standish,  Treasurer,  to  the  countrey, 
vpon  ballence  of  the  account  in  the  yeare  1653,     . 

To  a  barrell  of  oyle  from  Eastham, 

I?,  a  steer  prised  att 


92  :  15  :  09 

02  :  00  :  00 
04  :  10  :  00 

99  :  05  :  09 


To  eleuen  barrells  of  oyle  received, 


:  00  :  00 


To  fines  :  — 

By  Gyles  Rickard,  Seni', 02  :  10  :  00 

By  Edward  Holman, 00  :  05  :  00 

By  John  Marchant, 02  :  10  :  00 

Robert  Finney, 00  :  05  :  00 

Nathaniell  Warren, 00  :  05  :  00 

John  Tisdall, 01  :  00  :  00 

Edmond  Tilson, 00  :  05  :  00 

Edward  Perrey, 05  :  00  :  00 

Josias  Hallot, 00  :  10  :  00 

Thomas  Gage, 00  :  10  :  00 

Josepth  Roes, 05  :  00  :  00 

Edward  Perrey, 05  :  00  :  00 

Cap?  James  Cudworth, 05  :  00  :  00 


In  totall,  . 


149  :  05  :  09 


COURT    ORDERS. 


65 


The  Treasurer  debetor  to  the  countrey  vpon  ballence 
of  the  account  receiued  and  to  receive  vnto  the  first 
of  August,  1654, 

Besides  the  nor  receipts  vpon  former  accounts,      .     . 


30  :  05  :  04 


30  :  02  :  00 


1654. 

I  August. 
[Bradfobb, 
goveenoe.! 


Memorandum  :  that  wee  find  forty  nine  pound  7  shillings  and  9*  of  the 
aforsaid  account  paied  by  the  Treasurer  to  M'  Paddy  and  Captaine  Willett 
towards  the  ainunition  received  by  the  countrey,  as  appeers  in  the  pticulars 
in  the  credit. 

And  nineteen  pound  nineteen  shillings  paid  more  for  ainunition  afor- 
said to  the  said  M'  Paddy  and  M"^  Willett  by  the  townes ;  the  total  summe 
paid,  99  :  06  :  09. 

The  countrey  due  to  pay  for  the  said  ainunition  being  but  fifty  pound, 
as  is  recorded  in  the  Court  booke,  soe  that  there  remaines  due  to  the  countrey 
from  M"^  Paddy  and  M'  Willett  19  :  06  :  09  ;  which  the  Treasurer  is  to  receive 
and  to  bee  accountable  to  the  country  for,  besides  the  30"  05'  04'*  aforsaid. 

*Creditt. 

To  eight  pound  allowed  him  by  the  Court  for  his  1 

.        /     ,                ,„,„  [■OS:  00: 00 

pames  for  the  yeare  1653, j 

Money  deliuered  to  John  Smith  for  carrying  letters  to  "I 

Nawsett, j 

Transporting  oyle  from  Nawsett, 00  :  06  :  08 

And  from  Yarmouth, 00:07:00 

Charges  of  cattle  from  Yarmouth, 00  :  04  :  06 

For  letters  to  Sauory, 00  :  09  :  00 

Hier  for  a  horse  to  Yarmouth,  Nausett,  and  Barnstable,     00  :  12  :  00 

Expences  in  the  said  journey, 00  :  03  :  06 

For  mending  Jones  Riuer  bridge, 01  :  04  :  00 

To  John  Jenkens  for  attending  on  M'  Prence,   .     .     .     02  :  08  :  00 

M''  Browne  vpon  coinission, 02  :  00  :  00 

M-^  Browne  att  Taunton, 00  :  06  :  06 

ToKnowlesfor 01:00:00 

To  Cap?  Willett  in  pte  for  ainunition,  8T&  of  oyle,  .     .      16  :  00  :  00 

To  him  vpon  the  same  account  by  John  Barnes,     .     .     10  :  10  :  00 

More    to   Capt  Willett  vpon   the    same   account   by  | 

Rickard, j 

And  by  John  Cooke, 09:00:00 

And  to  M""  Paddy  vpon  the  same  account  for  ainunition,     11  ;  07  :  09 

VOL.  nr.  9 


[*65.] 

The  account 
giuen  in  by  the 
Treasurer. 


66 


PLYMOUTH    COLONY    RECORDS. 


1654. 

1  August. 

[BbABI'OUD, 
GOVERNOK.] 


Charge  about  the  oyle  att  Boston,  for  a  horse,  and 

other  expences, 

A  horse  for  M'  Prence  on  coinission, 
Butter  for  the  majestrates  table, 
M"^  Browne  on  comission, 
Presse  money, 


02  :  07  :  06 

01  :  00-:  00 
00  :  06  :  00 
05  :  02  :  00 
00  :  18  :  00 


76  :  12  :  05 


More  Credit  in  Non  Receipts  due  to  the  Countrey  on  the  former  Account  in 

the  Year  (53). 

By  Nicholas  Hide, 25:00:00 

ByKerbey, 05:00:00 

By  Edward  HaU, 00:02:00 


30  :  02  :  00 


More  by  Abatements  by  the  Court  in  Fines. 

From  Thomas  Dexter, 01  :  00  :  00 

By  William  Hailstone, •     .  01  :  00  :  00 

By  Thomas  Launder, 02  :  00  :  00 

By  losse  in  John  Bryant, 


03  :  10  :  00 


Summe, 


07  :  10  :  00 


By  leakege  of  2  %l  of  oyle, 
By  losse  in  a  barrell  of  tarr. 


Creditt  in  total, 
August  the  2«""*,  1654. 


04  :  00  :  00 
00  :  16  :  00 

04  :  16  :  00 

119  :  00  :  05 


ANTHONY  THACHER, 
JOSIAS   WINSLOW, 
THOMAS  HINCKLEY. 


Memorandum  :  the  account  of  Kennebecke  is  not  taken  neither  for  this 
yeare  nor  the  former. 


COURT    ORDERS. 

•Instructions  from  the  Generall  Court  holden  att  Plymouth  August  the  first, 
1654,  for  theire  Comlssioners. 

1.  That  they  consider  with  the  other  comissioners  for  some  due  repara- 
tion of  the  breach  of  any  articles  of  the  confederacon  that  may  appeer  broken, 
as  in  such  case  is  prouided  in  the  eleuenth  article,  or  as  may  bee  thought  fitt. 

2.  That  such  a  fauerable  construction  or  explanation  bee  made  of  the 
sixt  article,  that  an  offensiue  warr  bee  not  vndertaken  without  the  consent  of 
the  Generall  Courts,  yf  it  may  bee. 

3.  That  it  bee  considered  for  a  constant  place  of  meeting  of  the  coinis- 

sioners  either  att  Boston  or  Rehoboth,  the  charges  thereatt  to  bee  borne  by  the 

whole  equally. 

WILLAM  BRADFORD, 

WILLAM   COLLYARE, 

JOHN  ALDEN. 

Att  this  Court,  M'  Thomas  Prence  and  M'  John  Browne  were  chosen 
comissioners  for  the  following  yeare,  as  any  occation  shall  recLuire,  to  meet 
with  the  coiiiissioners  of  the  other  coUonies  in  confederacon,  and  authorised 
with  full  power  to  treat  and  acte  with  them  as  occation  shall  require,  accord- 
ing to  the  articles  of  confederation  of  the  Vnited  CoUonies  of  New  England. 
M'  Hatherley  and  Captaine  "Willett  were  the  next  in  nomination. 


67 
1654. 

1  August. 
[Bradford, 
goyeenoe.] 

[*66.] 


*Jtt  the  Generall  Court  holden  att  Plymouth  the  3^  of  October,  1654.     3  October. 

[*67.] 

Before  Wiliam  Bradford,  gent,  Gofl,  Timothy  Hatherley, 

Thomas  Prence,  John  Browne,  and 

Wniam  Collyare,  John  Alden, 

'Myles  Standish, 

Gentlemen,  Assistants,  &6. 

THE  comissioners,  being  returned  from  theire  last  meeting,  informed  the 
Court  that  they  had  determined  with  the  rest  of  the  coEaissioners  of  the 
other  coUonies  to  send  a  certaine  number  of  horse  and  footmen  on  a  special 
message  to  Ninnegrett,  the  Nianticke  sachem ;  and  incase  nessesitie  should 
further  require,  that  they  had  joyntly  agreed  to  send  a  2"""'*  supply  of  men 
out  of  the  4  Vnited  CoUonies  to  warr  against  the  said  Ninnegrett ;  whervpon 
warrants  were  forthwith  directed  to  the  cunstables  of  each  towne  to  presse 


68  PLYMOUTH    COLONY    liECOKDS. 

16  5  4.     the  number  of  men  out  of  each  towne  as  foUoweth,  according  to  theii'  seuerall 
"■       '    proportions  :  — 

3  October. 

[Beadpoud,  Plymouth, 6         Yarmouth, 4 

GOTEKSOII.] 

Duxburrow, 6         Barnstable, 5 

Scittuate, 8         Marshfeild, 5 

Sandwich, 4         Eehoboth, 4 

Taunton, 5         Eastham, 4 

The  Forme  of  the  Warrants. 

New  Plymouth.     To  the  Cunstable  of,  &6. 

These  are  in  the  name  of  his  highnes  the  Lord  Protector  of  England, 
Ireland,  and  Scotland,  to  will  and  coinaund  you,  ^sently  on  receipt  heerof, 
without  delay  to  presse  the  number  of  men  out  of  youer  owne  towne, 

able  and  fitt  to  goe  forth  vnder  the  comaund  of  such  officers  as  the  counsell 
of  warr  shall  appoint  to  bee  imployed  in  goeing  forth  against  Ninnegreet,  the 
Nyanticke  sachem,  wherunto  wee  are  nessesarily  requked  by  the  determina- 
tion of  the  coraissioners,  and  see  that  they  bee  sufficiently  furnished  with 
armes  and  ammunition,  vizj,  firelocke  peeces,  swords,  bandaleers  or  pouches, 
with  one  pound  of  powder  and  one  pound  of  buUetts  to  each  man ;  as  alsoe 
that  each  man  bee  prouided  of  three  dales  prouision  in  his  knapsacke ;  the 
said  men  being  prouided  as  aforsaid,  you  are  heerby  rec[uired  to  bring  them 
to  Plymouth  vpon  further  order,  and  in  the  mean  time  to  haue  them  in  a  red- 
dines  att  a  dales  warning  for  march,  if  occation  shall  require.  "Wherof  fayle 
not,  &6. 

Att  this  Court,  M'  Josias  Standish  was  allowed  and  approued  by  the 
Court  to  bee  ensigne  bearer  of  the  milletary  companie  of  Duxburrow. 

Leiftenant  Samuell  Rider  was  by  warrant  required  to  appeer  before  the 
Goil  att  Plymouth  by  the  19"*  of  this  ^sent  month,  to  answare  for  his  afiront- 
ing  the  cunstable  of  Yarmouth  in  the  execution  of  his  office,  and  for  vsing 
words  vnto  him  tending  to  sedition. 
[*68.]  *The  freemen  of  Sandwich  —  vizj:  M""  John  Vincent,  Thomas  Burgis, 

Thomas  Tupper,  Richard  Burne,  and  James  Skiffe  —  desired  some  seuerall 
pcell  of  land  att  the  places  following,  viz,J:  som  land  by  Marshpee  Pond, 
and  10  acres  of  meddow ;  some  land  by  Satuett  Pond  to  the  valine  of  one 
hundred  acres ;  a  neck  of  land  by  Coituett  Riuer,  to  keepe  cattle  j  certaine 
meddow  lying  vpon  and  about  a  place  called  Mannamuch  Bay. 


COUKT  ORDERS.  gg 

Presentments  by  the  Grand  Enquest.  16  54. 

Impri,  twee  f>sent  M^  Josepth  Tilden,  of  Scittuate,  for  taking  a  false  oath  "T^^I^^ 
att  Mai-ch  Court  last,  about  barley  receiued  of  John  Ramsden,  afFeirming  it  to  [Beadpoed, 
bee  deliuered  him  for  his  own  vse,  which  is  proved  to  bee  deliuered  him  for      °'^'^^''°''-J 

JOf  this  p'sent- 
M'      X      VSe.J  ment  see  more 

T  tll6  6"*  pcfs 

Item,  wee  ^sent  the  countrey  highway  betwixt  Plymouth  and  Sandwich  forward  in  this 
that  is  not  cleared  and  made  passable  for  man  and  horse,  which  wee  conceiue  ^""^"-I 

o  •  ^^^^  ^^'"•^  done 

belongs   to   Plymouth  and   Sandwich  to   doe,  because    it  lies  within  theire  by  order  of 
lymets.  ^''''^'  ^^^'"^ 

^  the  seauenth, 

Item,  wheras  Joanses  Riuer  bridge  and  South  Eiuer  bridge  haue  been  i^^^- 
formerly  fsented,  wee  desire  to  enquire  into  the  cause  why  nothing  is  done 
about  it. 

It,  wee  desire  some  orderly  course  may  bee  taken,  that  those  jpisons  as 
doe  liue  in  the  coUonie  and  haue  not  taken  the  oath  of  fidelHtie  may,  accord- 
ing to  the  law  in  that  case  prouided,  bee  tendered  the  same. 

Att  this  Court,  a  warrant  was  issued  out  to  require  Leiftenant  Samuell 
Ryder  psonally  to  appeer  before  the  GoQ  on  the  17*  of  October,  1654,  to 
answare  for  his  affronting  of  the  cunstable  of  Yarmouth  in  the  execution  of 
his  ofEce  the  last  spring,  when  sent  in  the  name  of  his  highnes  the  Lord 
Protector  to  presse  men  for  an  entended  expedition  att  that  time.  According 
to  the  abouesaid  warrant,  the  said  Ryder  apeered ;  and  vpon  his  examination 
hee  was  freed  for  that  time,  hee  glueing  bonds  for  his  appeerance  att  the  next 
Court. 

Leiftenant  Samuell  Ryder  acknowlidgeth  to  owe  vnto  the  Court  the 
summe  of  10". 

The  condition,  that  if  the  said  Samuell  Ryder  shall  appeer  att  the  Gen- 
erall  Court  to  bee  holden  att  Plymouth  aforsaid  the  first  Tusday  in  March 
next,  and  bee  reddy  to  answare  all  such  things  as  either  are  or  shalbee  object- 
ed against  him  concerning  his  affronting  the  cunstable  of  Yarmouth,  when 
required  by  authoritie  in  the  name  of  his  highnes  the  Lord  Protector  to  presse 
men  to  goe  forth  ypon  an  expedition,  and  shall  attend  the  said  Court,  and  not 
depart  the  same  without  lycence  ;  that  then,  &6. 

*The    3*    of    December,    1654,    John    Palmer,  of    Scittuate,    appeered    3  December, 
before  the  GoQ  and  Cap?  Willett,  and  complained  against  Wiliam  Barstow  for       [*69-] 
wronge  done  him  by  the  said  Barstow  about  a  tree  ;  wherupon  they  were 
aduised  to  agree  betwixt  themselues,  which  according  they  did,  vizj,  that  the 
said  tree,  being  fit  to  make  trayes  or  milke  vessels,  shouldbee  equally  deuided 
betwixt  them  ;  and  soe  the  contrauersy  was  ended. 


70 


PLYMOUTH    COLONY    RECORDS. 


1654-5. 

14  February. 
[Bradford, 
Governor.] 
February  M"", 
1654.  ThisTer- 
dict  came  not 
to  mee  vntill 
now  to  bee  re- 
corded. 


Wee,  whose  names  are  heer  vnderwritten,  being  inhabitants  of  the  towne 
of  Marshfeild,  being,  by  the  prouidence  of  God,  mett  together  about  the 
buriall  of  a  young  man  of  the  said  towne,  by  name  Henery  Draiton,  whoe 
hath  suddenly  come  to  his  end,  thought  it  our  duty  to  examine  and  to  take 
the  best  notice  wee  could,  for  the  satisfaction  of  the  Court  and  all  whom  it 
may  concerne,  haue  taken  the  examination  of  the  family  of  M"'  Edward  Wins- 
low,  doe  find  as  foUoweth  :  that  hee,  coming  to  the  house  ouer  night  with  his 
gun  fi;om  fowling,  was  well  ouernight,  and  suped  with  the  seruants  ;  and  the 
next  morning,  being  the  fourth  of  this  ^sent  December,  the  seruants,  seeing 
him  prouiding  to  goe  a  fowling,  pswaded  him  not  to  goe,  the  weather  being 
very  vnseasonable ;  but  hee  was  very  angrey,  and  refused  to  harken  to  them  ; 
and  when  they  were  gone  in  to  dewtyes  hee  went  away,  and  was  seen  no  more 
till  hee  was  found  dead  by  M"^  John  Winslow,  goeing  towards  his  sonne,  Robert 
Latham  ;  hee  found  him  lying  on  his  bell}',  with  three  doggs  not  fare  of  from 
him,  and  his  gunn  and  three  duckes  not  farr  from  him.  Alsoe,  wee,  haueing 
taken  a  view  of  him  dead  in  his  clothes,  and  alsoe  stripped,  wee  testify  as  fol- 
loweth :  that  hee  died,  for  ought  wee  could  descerne,  through  the  violence  of 
the  season  and  ouer  trauelling,  and  labouring  to  come  to  the  house  of  M' 
Edward  Winslow ;  and  this  wee  doe  all  joyntly  and  seuerally  sett  to  our 
hands  as  one  mann,  and  shalbee  reddy  to  testify  it  vpon  oath  if  need  shall 
require. 

NATHANIELL   THOMAS, 

KANELME   WINSLOW, 

JOHN   DINGLEY, 

JOSEPH  BEEDLE, 

EGBERT    CARUER,  R   C  his  marke. 

ANTHONY   SNOW, 

JOHN  THOMAS, 

JOHN  BUCKE, 

JOHN   ROUSE,  '^  his  marke. 

EDW:    /   his  marke,  BUMP  AS, 

JOHN   RUSSELL, 

SAMUELL  FULLER. 


T 


COURT    ORDERS.  71 

*J.tt  a  Court  of  Assistants  holden  att  Plymouth  the  sixt  of  Febrewary,  1  6  54-5. 

1654.  — ^^^ 

6  February. 
[Bradfokd, 

Before  Wiliam  Bradford,  gentle,  GoQ,  John  Alden,  and  Governor.] 

Wiliam  Collyare,  Thomas  "WiUett,  t*'^*^"^ 

Miles  Standish, 

Gentlemen,  Asistants,  &6. 

HE  following  verdict  was  ordered  to  bee  recorded  :  — 

Marshfeild,  the  last  of  January,  1654. 

Wee,  whose  names  are  vnderwritten,  being  appointed  a  jury  by  M' 
John  Alden  to  view  the  dead  body  of  John  "Walker,  seruant  to  Eobert 
Latham,  of  this  towne,  and  to  find  the  cause  how  hee  came  to  his  vntimely 
end,  — 

Wee,  Tpon  due  serch  and  examination,  doe  find  that  the  body  of  John 
Walker  was  blackish  and  blew,  and  the  skine  broken  in  diuers  places  from 
the  middle  to  the  haire  of  his  head,  viz^,  all  his  backe  with  stripes  giuen  him 
by  his  master,  Eobert  Latham,  as  Eobert  himselfe  did  testify ;  and  alsoe  wee 
found  a  bruise  of  his  left  arme,  and  one  of  his  left  hipp,  and  one  great  bruise 
of  his  brest ;  and  there  was  the  knuckles  of  one  hand  and  one  of  his  fingers 
frozen,  and  alsoe  both  his  heeles  frozen,  and  one  of  the  heeles  the  flesh  was 
much  broken,  and  alsoe  one  of  his  little  toes  frozen  and  very  much  perished, 
and  one  of  his  great  toes  frozen,  and  alsoe  the  side  of  his  foot  frozen ;  and 
alsoe,  vpon  the  reviewing  the  body,  wee  found  three  gaules  like  holes  in  the 
hames,  which  wee  formerly,  the  body  being  frozen,  thought  they  had  been 
holes ;  and  alsoe  wee  find  that  the  said  John  was  forced  to  carry  a  logg  which 
was  beyond  his  strength,  which  hee  indeauoring  to  doe,  the  logg  fell  vpon 
him,  and  hee,  being  downe,  had  a  stripe  or  two,  as  Josepth  Beedle  doth  tes- 
tify ;  and  wee  find  that  it  was  some  few  daies  before  his  death ;  and  wee  find, 
by  the  testimony  of  John  Howland  and  John  Adams,  that  heard  Eobert 
Latham  say  that  hee  gaue  John  Walker  som  stripes  that  morning  before  his 
death ;  and  alsoe  wee  find  the  flesh  much  broken  of  the  knees  of  John  Walker, 
and  that  hee  did  want  sufficient  food  and  cloathing  and  lodging,  and  that  the 
said  John  did  constantly  wett  his  bedd  and  his  cloathes,  lying  in  them,  and 
soe  suffered  by  it,  his  clothes  being  frozen  about  him ;  and  that  the  said  John 
was  put  forth  in  the  extremity  of  cold,  though  thuse  vnabled  by  lamenes  and 
sorenes  to    pforme  what  was  required ;   and  therfore  in  respect  of  crewelty 


6  February. 
[Beadfoed, 
goveenoe.] 


PLYMOUTH    COLONY    RECOKDS. 

and  hard  vsuage  hee  died ;  and  alsoe,  vpon  the  2"^™*  review,  the  dead  corpes 
did  bleed  att  the  nose. 

ARTHER  IIOWLAND, 

JOHN   BRADFORD, 

JOSEPTH   BEEDLE, 

ROBERT   R   C   CARUER, 

JOHN   DINGLEY, 

ANTHONY   SNOW, 

JOHN   BOURNE, 

JOHN   HOWLAND,  Juni^ 

JOHN   THO^MAS, 

JOHN   WALKER, 

TIMOTHY  J  WILLIAMS,  his  marke. 

JOSEPH    0>     ROSE,  his  marke. 


[*71.] 


6  March. 


1655. 


5  June. 


*Att  the  said  Court  the  said  Robert  Latham  appeered,  and  was  examined, 
and  after  examination  comitted  to  the  custidy  of  the  cheife  marshall,  and  soe 
to  remaine  vntill  the  next  Generall  Court,  to  bee  holden  att  New  Plymouth 
the  sixt  of  March,  1654,  vnlesse  two  sufficient  men  shall  come  in  in  the 
interim,  and  bee  bound  for  his  appeerance,  body  for  body. 

Att  this  Couit,  Wiliam  Pitman  was  ^sented  before  the  Court  for  stealing 
and  ploying  sundry  things  from  Wiliam  Crow  ;  and  after  examination,  being 
suspected  to  haue  stollen  sundry  other  things  from  both  the  said  Wiliam  Crow 
and  others,  hee  was  injoyned  by  the  Court  to  appecr  att  the  Generall  Court 
aboue  expressed,  and  in  the  mean  time  to  agree  with  those  psons  hee  hath 
wronged  by  stealing  from  them  as  aforsaid,  and  to  giue  the  Court  an  account 
of  what  hee  done  in  that  behalfe. 

Accordingly,  the  said  Pitman  appeered  att  the  Generall  Court  holden  att 
Plymouth  the  sixt  of  March,  1654  ;  and  the  Court  then  saw  reason  to  refer 
him  to  further  consideration,  and  enjoyned  him  to  appeer  att  the  Court  of 
Asistants  to  bee  holden  att  Plymouth  the  first  of  May,  1655. 

And  att  that  Court,  hee  was  sent  for,  but  could  not  bee  found  ;  vpon 
which  the  Court  sentanced  him,  that  if  hee  could  bee  found,  hee  should  bee 
publickly  whipt  for  his  abouesaid  misdeamenors ;  which  accordingly  was 
g>formed. 

Att  the  Court  held  the  fift  of  June,  1655,  the  Court  ordered,  that  Samuell 
Fuller,  of  Plymouth,  should  haue  a  paire  of  lether  breeches,  vallued  att  twenty 
shillings,  which  were  belonging  to  Wiliam  Pitman,  which  hee  left  behind 
him,  in  lew  of  a  steel  mill  the  said  Pitman  stole  from  the  said  Samuell  Fuller. 


COUKT    OKDERS. 


73 


*Att  the  Generall  Court  holden  att  JVew  Plymouth  the  sixt  Day  of  1654-5. 

March,  1654. 


Before  Wiliam  Bradford,  gen?,  Gofl, 
Wiliam  CoUyare, 
Thomas  Prence, 
Myles  Standish, 


Timothy  Hatherly, 
John  Browne, 
John  Alden,  and 
Thomas  Willett, 


6  March. 

[BRADrORD, 

Governor.] 
[*72.] 


Gentlemen,  Asistants,  &6. 

"13  OBERT  LATHAM  was  indited  for  fellonious  crewelty  done  vnto  John 
-L  \j  Walker,  his  servant,  aged  about  14  yeai-es,  by  vnreasonable  correction, 
by  withholding  nessesary  food  and  clothing,  and  by  exposing  his  said  servant 
to  extremltie  of  seasons,  wherof  the  said  John  Walker  languished  and  imea- 
diately  died,  the  15  day  of  January,  anno  1654. 

The  said  Robert  Latham  put  himselfe  vpon  tryall,  according  to  law. 

The  grand  jury  found  the  bill  of  inditment  a  true  bill. 

Whervpon  a  pettye  jury  was  impannelld  and  sent  forth  vpon  the  case ; 
theire  names  are  as  foUoweth  :  -^ 


M"^  Thomas  Dexter,  SenT,  ' 
Josepth  Andrews, 
Robert  Studson, 
James  Torrey, 
Marke  Eames, 
Wiliam  Paybody, 


sworne. 


Robert  Dennis, 
Samuell  Arnold, 
Thomas  Hinckley, 
Nathaniell  Bacon, 
John  Finney, 
Richard  Chadwell, 


sworne. 


These  found  the  said  Robert  Latham  guilty  of  manslaughter  by  chaunc 
medley. 

Whervpon  the  prisoner  desired  the  benifitt  of  law,  vizj,  a  psalue  of 
niercye,  which  was  graunted  him;  and  sentance  was  further  pronownsed 
against  him,  which  was,  that  the  said  Robert  Latham  should  bee  burned  in 
the  hand,  and  his  haueing  noe  lands,  that  all  his  goods  are  confiscate  vnto  his 
highnes  the  Lord  Protector ;  and  that  the  said  sentance  should  bee  forthwith 
executed ;  which  accordingly  was  pformed  the  4""  of  March,  1654. 

Wiliam  Pitman  haueing  been  bound  to  appear  att  this  Court,  to  giue 
account  of  what  satisfaction  hee  hath  made  to  those  hee  stole  certaine  goods 
from,  espetially  Wiliam  Crowe,  hee  accordingly  appeered,  and  declared  hee 
was  in  a  way  to  giue  satisfaction  to  Wiliam  Crow  ;  notwithstanding  the  Court 

VOL.  in.  10 


Yarmouth 
againe, 


74  PLYMOUTH    COLONY    EECOEDS. 

165  4-5.    saw  reason  to  enjoyne  him  to  appeer  att  the  next  June  Court,  to  giue  further 
^    ~^    answare  to  the  ©mises. 

6  March. 

rBRADPOKD  •^**  *^^  Court,  Samuell  Eyder,  SenI,  haueing  formerly  been  leiftenant 

GoTERNOR.]    of  the  milletary  companie  of  Yarmouth,  was  put  out  of  his  said  office  for 

J       resisting  the  cunstable  when  hee  came  with  a  warrant  to  presse  in  the  name 

held  the  fift  of  °f  ^i^  highnes  the  Lord  Protector,  and  for  expressing  threatening  speeches  to 

June,  1655,  this  ^^^  gg^-^j  cu^gtable  :  and  the  said  Ryder  is  to  bear  armes  as  a  common  soldier. 

scntance  was  "^ 

reversed,  and  M"^  John  Freeman  was  approued  by  the  Court  to  bee  ensigne  bearer  of 

the  said  Ryder    i  -n  •       %  -n       ^ 

approued  of  to  ^^^  milletary  compame  oi  Lastham. 

bee  leiftenant  Wiliam  Chase,  Juni',  for  ffoeing  into  the  house  of  Richard  Berry,  and 

of  the  milletary  >  '  b  o  J' 

companie  of      taking  away  by  violence  a  pcell  of  flax  and  a  smale  pcell  of  hose  yarne,  was 
sentanced  to  sitt  in  the  stockes  an  houre  on  a  training  day  att  Yarmouth. 

John  Woodcocke,  of  Rehoboth,  for  goeing  into  an  Indian  house,  and 
taking  away  an  Indian  child  and  som  goods,  in  lue  of  a  debt  the  said  Indian 
ought  him,  was  sentanced  to  sitt  in  the  stockes  att  Rehoboth  an  houre  on  a 
training  day,  and  to  pay  a  fine  of  forty  shillings. 

Adonijah  Morris,  for  goeing  into  the  said  Indians  house,  and  taking  away 
goods  in  lue  of  a  debt  due  to  him,  was  fined  forty  shillings. 

Att  this  Court,  Peter  Gaunt,  Ralph  Allen,  Seni'',  and  Gorg  Allen,  ap- 
peered  to  answare  for  neglecting  to  frequent  the  publick  worship  of  God ; 
and  being  required  to  speak  to  that  pticulare,  Peter  Gaunt  afeirmed  hee  knew 
noe  publicke  vizable  worship  now  in  the  world,  wherunto  the  said  Ralph  Allen 
assented,  but  Gorg  Allen  decented ;  the  case  was  left  to  further  consideration. 

Wheras  sundry  psons  haue  died  att  Taunton,  whose  wills  and  the  inven- 
toryes  of  theire  estates  haue  not  been  orderly  proued,  in  regard  those  whom  it 
concerneth,  being  widdows,  cannot  conveniently  trauell  to  the  Court,  M' 
Browne  is  deputed  by  the  Coiurt  to  require  them  to  take  oath  to  such  wills  and 
inventoryes  att  Taunton,  that  soe  they  may  bee  recorded  according  to  order. 

Wheras  John  Lewis,  somtimes  seruant  to  M''  Varssall,  of  Scittuate,  is 
departed  the  goQment  indebted  vnto  John  SafBn.  and  others,  and  hath  left  som 
goods  in  the  hands  of  Wiliam  Parker,  of  Taunton,  the  Court  doth  order,  that 
the  said  goods  shalbee  for  the  satisfyeng  of  the  debts  hee  owed  to  the  said 
John  Saffin  att  his  departure. 
[*74.j  '  *The  Court  doth  declare  that  both  the  propriety  and  jurisdiction  of  the 

three  score  acres  of  marsh  lying  on  Scittuate  side  of  Bound  Brooke,  att  the 
riuers  mouth,  next  vnto  the  sea,  according  to  the  order  of  the  comissioners, 
doth  belonge  vnto  the  goQment  of  the  Massachusetts. 

The  Court  doe  allow  vnto  the  cheife  marshall  forty  shillings  for  attend- 
ance vpon  the  GoQ,  in  June  last,  when  the  expedition  against  th«  Duch  was 
in  hand. 


COURT    ORDERS. 

JWheras  M'  Josepth  Tilden  was  ^sented  for  taking  a  false  oath,  and  hath 
put  the  case  vpon  trauerse,  and  the  jury  haue  found  it  a  true  psentment,  for 
which  hee  is  by  the  Court  fined  ten  pounds,  although  wee  conceiue  hee  was 
draune  into  it  by  the  base  and  ill  cariage  of  John  Ramsden. 

The  Juries  Names  that  tried  this  ^sentment. 


M'  Thomas  Dexter,  Seni'," 
Josepth  Andrews, 
Marke  Eames, 
Wiliam  Paybody, 
Robert  Dennis, 
Samuell  Arnold, 


Leifi  Southworth,  ' 
Gorge  Watson, 
Thomas  Hinckley, 
Nathaniell  Bacon, 
John  Finney, 
Richard  Chadwell, 


6  March. 
[Beadfoed, 
goveenoe.] 

JThis  done  by 

order  of  Court 

March  the 

seauenth, 

1658.+ 


sworne.J 


Presentments  by  the  Grand  Inquest  att  March  Court,  1654. 

Imprimis,  wee  ^sent  Wiliam  Randall,  and  Elizabeth,  his  wife,  of  Scit- 
tuate,  for  abusing  the  cunstable,  Walter  Hatch,  in  word  and  action,  as  by 
threats,  and  refusing  to  giue  cecuritie  according  to  the  warrant,  and  that  when 
hee  strained  for  the  majestrates  table,  his  wife  tore  the  destresse  out  of  his 
hand,  and  hurt  his  hand  soe  as  blood  was  sheed. 

It,  wee  ^sent  the  same  Wiliam  Randall  for  selling  stronge  waters  to  an 
Indian. 

It,  wee  ^sent  James  Gleghorne,  and  Abia  Lumbard,  his  now  wife,  of 
Barnstable,  for  carnall  copulation  before  contraction. 

It,  wee  p>sent  Allice,  the  wife  of  Richard  Berry,  of  Yarmouth,  for  goeing 
into  the  house  of  Benjamine  Hammond,  when  noe  body  was  att  home,  and 
felloniously  tooke  away  a  womans  shift,  that  was  new  made,  but  without 
sleeues,  and  a  peece  of  porke. 

It,  wee  psent  Joane,  the  wife  of  Obadiah  Miller,  of  Taunton,  for  beating 
and  reviHng  her  husband,  and  egging  her  children  to  healp  her,  biding  them 
knock  him  in  the  head,  and  wishing  his  victials  might  coake  him. 

I?,  wee  ^sent  Thomas  Clarke,  of  Plymouth,  for  taking  of  six  pounds  for 
the  bare  loane  of  twenty  pounds  for  one  yearc,  which  wee  conceiue  is  great 
extortion,  contrary  to  the  law  of  God  and  man. 

Vt,  wee  ^sent  John  Pecke,  of  Rehoboth,  for  laciviouse  carriages  and 
vnchast  in  attempting  the  chastitie  of  his  fathers  maide  seruant,  to  satisfy  his 
fleshly,  beastly  lust,  and  that  many  times  for  some  yeares  space,  without  any 
intent  to  marry  her,  but  was  alwaies  resisted  by  the  mayde,  as  hee  confesseth. 

*The  29"^  of  March,  Leiftenant  Thomas  Southworth  tooke  the  oath  of 
an  Assistant,  to  serue  in  that  office  att  the  Riuer  of  Kennebecke  the  g>sent 
summer,  according  to  the  nature  and  tenure  of  the  office  implyed  in  the  oath. 


For  what 
wrong  was 
done  to  the 
cunstable,  the 
Court  remite  it 
vpon  his  re- 
quest, and 
sence  fuly  re- 
mited. 

This  is  alsoe 
remited. 

Paied  the  fine. 


Punished  att 
home. 


Cleared  by 
tra;ierse. 


Fined  fifty  shil- 


1G5  5. 

29  March. 

[*75.] 


76  PLYMOUTH    COLONY    RECORDS. 

1 6  5  0.        Att  a  Court  of  Asistants  holden  at  Plymouth  the  first  Day  of 
'      '      '  May,  1655. 

[Bradford, 

Governor.]        Before  Wiliam  Bradford,  gent,  GoQ,  Timothy  Hatherley,  and 

Wiliam  CoUyare,  John  Alden, 

Myles  Standish, 

Gentlemen,  Asistants,  &5. 

A  COMPLAINT  was  made  by  Samuell  Cutbert  against  Edward  Gray 
about  a  bargaine  made  by  them  concerning  a  lott  of  land  the  said  Gray 
bought  of  the  said  Cutbert,  for  which  hee  was  to  pay  him  fine  pound  in  a  cow. 
The  Court,  haueing  heard  what  could  bee  said  on  both  sides,  found  the  com- 
plaint made  by  Cutbert  in  a  great  measure  to  bee  vnjust.  Gray  haueing,  as 
apeered,  giuen  the  said  Cutbert  leaue  to  make  choise  of  a  cow  out  of  his 
cattell ;  whervpon  the  Court  pswaded  the  said  Gray  to  accept  of  3  bushels 
of  Indian  corn  for  the  wintering  of  the  cow,  which  hee  did,  from  the  said 
Cutbert,  and  soe  the  difference  is  ended. 

Concerning  a  controvercye  about  a  propriety  of  herrings  or  alewiues, 
challenged  by  Thomas  Burgis,  of  Sandwidg,  pe%  belonging  vnto  a  pcell  of 
land  graunted  to  him  att  Mannomett,  the  towne  of  Sandwidge  haueing  im- 
ployed  Wiliam  Newland  as  theire  agent  about  the  said  difference,  the  Court, 
haueing  heard  and  concidered  of  the  ^^mises,  determined  as  followeth,  vizj  : 
that  the  said  Thomas  Burgis  shall  haue  aiiually  ten  thousand  herrings,  as 
appertaining  vnto  him  by  right  of  the  aforsaid  land,  to  bee  taken  vpp  att  two 
seuerall  times  in  the  season  of  herrings,  according  to  the  ordinary  custom 
agreed  vpon  and  practised  by  the  inhabitants  of  Sandwidge  about  their  her- 
rings ;  and  his  pte  or  share  as  a  townesman  to  belonge  vnto  him  notwithstand- 
ing ;  and  incase  that  the  latter  pte  of  the  abouesaid  ten  thousand  of  herrings, 
which  is  fiue  thousand,  can  not  bee  had  according  to  the  abouesaid  order,  in 
regard  they  com  not  in,  that  then  the  said  Thomas  Burgis  is  to  haue  them,  or 
the  remainder  of  them,  bee  they  more  or  lesse,  the  yeare  following. 

Captaine  Standish  and  M''  Alden  haueing  formerly  ben  ordered  by  the 
Court  to  goe  with  Experience  Michell  and  Philhpe  Dellanoy  to  shew  them,  as 
neare  as  they  could,  the  bounds  of  the  lands  which  was  somtimes  theires  in 
the  township  of  Marshfeild,  now  possessed  by  Arther  Howland  and  the  suc- 
cessers  of  Thomas  Chillingsworth,  att  this  Court  they  declared  that  they  had 
done  according  to  the  aforsaid  order. 

Att  this  Court,  Ephraim  Tinkham  and  Arther  Hathawey  desired  liberty 


couKT  ohders.  77 

of  the  Court  to  goe  vp  with,  theire  familyes  to  Hue  on  the  lands  of  John      16  55. 
Barnes,  att  Lakenham  ;  to  which  the  Court  answared  that  they  would  not    ^      ^"^ 

,  .  ,  ,         .  .  .  „  .  .  1  May. 

hinder  them,  but  mease  any  just  complaint  should  come  of  any  inconveniency    rgj^^nroED 
either  respecting  themselues  or  others  that  may  arise,  it  was  put  to  them  to    Goveknok.] 
consider  how  difficult  it  would  bee  for  them  to  pluck  vp  and  remoue  againe, 
if  they  should  thervnto  bee  nessesaryly  required. 


*M  a  Generall  Court  holden  att  JVew  Plymouth  the  eighth  of         8  June. 

June,  1655.  t*'''^-! 

Before  Wiliam  Bradford,  gentleman,  Gofl,       Timothy  Hatherley, 
"Wiliam  Collyare,  John  Browne,  and 

Myles  Standish,  John  Alden, 

Gen?,  Asistants,  &6. 


M 


«  WILLAM  BRADFORD  elected  GoQ,  and  sworne. 
M'  Thomas  Prence, 


elected  Asistants. 


elected  comissioners. 


Cap?  Myles  Standish, 

M"^  Wiliam  Collyare, 

M'  Timothy  Hatherley, 

M'  John  Browne, 

M'  John  Alden,  and 

Ca^?  Thomas  Willett, 

M'  Thomas  Prence  and 

M'  John  Browne, 

and  Cap?  Thomas  Willett,    \  .  .      . 

\   next  in  nomination. 
Cap?  James  Cudworth,  J 

Cap?  Myles  Standish  elected  Treasurer. 

Freemen  admitted  this  Court,  and  sworne. 

James  Torry,  ,  Francis  West, 

M'  Josias  Standish,  John  Bryant. 


78 


PLYMOUTH    COLONY    KECORDS. 


1655. 

8  June, 
[Bradfokd, 
governoe.] 


[*77.] 


The  Names  of  such  as  stand  propounded  to  take  vp  theire  Freedom. 

Gorge  Russell,  Robert  Fuller, 

Josepth  Laythorpe,  Thomas  Ensigne, 

Humphry  Johnson,  John  Woodfeild, 

Nathaniell  Warren,  John  Rickard, 

Hezekiah  Hoare,  Josepth  Howes, 

Josepth  Colman,  Wiliam  Bassett,  Juni', 

John  Damman,  Phillip  Walker, 

Marke  Snow,  Jonathan  Blisse, 

John  Butterworth,  Wiliam  Walker. 

The  Cunstables  of  the  seuerall  Townes. 

Plymouth, Thomas  Whitney, 

r  Wiliam  Clarke, 
[      &  another  to  bee  aded. 
f  Thomas  Pinchen, 
'  \  John  Turner,  Seni^ 

Sandwidge, Steuen  Winge. 

Taunton, John  Tisdall. 

Yarmouth, Thomas  Boardman. 

Barnstable, Robert  Shelley. 

f  M'  John  Bradford, 

Marshfeild, "^  -r.-  ,      -,  c--, 

[  Richard  Suuester. 

Rehoboth, One  yett  to  bee  chosen  at  home. 

Eastham, Marke  Snow. 


Duxburrow, 


Scittuate, 


•The  Grand  Enquest. 


Josepth  Andrews, 
Gabriell  FalloweU, 
M'  Nathaniell  Willis, 
Robert  Bartlett, 
Andrew  Ringe, 
Matthyas  Briggs, 
Isack  Chettenden, 
Wiliam  Harvey, 
Peter  Pitts, 
Edward  Sturgis, 


>  swome. 


John  Palmer, 
M'  Edward  Dillingham, 
Thomas  Butler, 
Thomas  Huckens, 
John  Winge, 
Josepth  Laythorpe, 
John  Dingley, 
Wiliam  Maycomber, 
Jonathan  Bhsse, 
Phillip  Walker, 
Nathaniell  Mayo. 


•    sworne. 


COURT    ORDERS. 


T9 


Suivayors  for  the  Highwaies. 
'  Robert  Finney, 


Plyffl, 


Duxbu, 

Scittuate,    . 

Sandwidge, 
Taunton,  . 
Yarmouth, 
Bams?, 
Marshfeild, 
Rehoboth,  . 
Eastham,    . 


Plyffi, 


Duxburrow, 
Scittu,    . 
Sand, 

Taunton,     . 
Yarmouth, . 


Henery  Wood, 

Wiliam  Spooner. 
C  Thurston  Clarke, 
\  Zachariah  Soule. 
f  John  Stockbridge, 
I  Wiliam  Wills. 
(  Benjamine  Nye, 
j  Wiliam  Swift. 
f.  Gorge  Macye, 
(  Francis  Smith. 

M'  Wiliam  Lumpkin, 

Tho  Fallan. 
r  Henery  Bourne, 
[  Tho  Burman. 

John  Phillipes, 

Timothy  Williamson. 

Richard  Ingeram, 

John  Fitch, 
f  Robert  Sparrow, 
[  Robert  Vixon. 


The  Deputies  of  the  seuerall  Townes. 

M'^  John  Howland, 
John  Dunham,  Seni', 
John  Cooke, 
I.  Tho  Clarke. 

{Constant  Southworth, 
Wiliam  Paybody. 
r  Cap?  James  Cudworth, 
(^  Robert  Studson. 
M"^  John  Vincent, 
James  SkifFe. 
Leiftenant  James  Wyate, 
Rich  Williams. 
M"^  Edmond  Hawes, 
Wiliam  Nicarson. 


165  5. 

8  June. 
[Bkadfokd, 
Govehnor.] 


80  PLYMOUTH   OOLQNy    RECOEDS. 

1  6  5  5-  /  Thomas  Hinckley, 

*~    ^^        '  ' I  Nathaniell  Bacon. 

[BnABroitB,  .  /  ^^  Anthony  Eames, 

Qo^mm^.]  Marshfeild, |  M' Josias  Winslow. 


Eehoboth, -j 


(  My  Stephen  Payne, 
Peter  Hunt. 

(  Rich  Sparrow, 

Eastham, '^  -n-  ».  tt- 

(^  Jtiich  Higgens. 


[*78.]  *The  milletary.  officers,  settled  according  to  the  request  of  the  seuerall 

toTvnes,  are  as  followeth  :  ^— 

For  Marshfeild,  M'  Josias  Winslow,  Juni"',  for  captaine ;  for  leiftenant, 
M'  Peregrine  White ;  for  ensigne,  Marke  Eames. 

Scittuat,  James  Torrey,  for  leiftenant ;  John  Williams,  Junior,  for 
ensigne. 

Sandwidgc.  Thomas  Dexter,  Juni',  for  ensigne. 

The  pticulares  propounded  by  the  GoQ  as  reasons  wherfore  hee  is  not  willinge 
to  accept  his  place  for  the  full  yeare  vnlesse  som  speedy  course  bee  taken 
for  the  redresse  of  the  same  :  — 

1.  Wheras  formerly  complaint  hath  been  made  diuers  yeares  of  a  great 
neglect  that  hath  been  in  seuerall  places  of  this  gouerment,  that  competent 
mayntainence  hath  not  been  aforded  to  the  minnestry,  and  since  many  are 

'  remoued. 

2.  That  due  course  hath  not  been  taken  for  the  suppressing  of  error, 
whervpon  great  confusion  is  like  to  follow,  and  the  peace  and  comfort  of  the 
churches  desturbed. 

3.  These  thinges  haue  been  tendered  to  the  deputies,  and  they  haue  had 
a  dayes  consideration  therof,  and  noe  satisfaction  hath  been  giuen. 

4.  The  absence  of  some  of  the  magestrates,  whose  mindes  are  not 
knowne  whether  they  will  serue  in  the  place  of  Assistants  to  which  they  are 
elected,  and  one  elected  to  the  same  place  i-efusing  to  take  oath  therin,  being 
vnsatisfyed  in  the  pticulars  aboue  expressed. 

5.  That  there  is  noe  certainty  whether  the  psons  elected  to  the  place  of 
comissioners  will  vndertake  the  same  or  not,  and  that  there  is  noe  certaine 
meanes  prouided  for  the  same. 

6.  Notwithstanding,  in  regard  of  the  ^sent  exegent  I  ame  contented, 
incase  that  the  rest  of  the  magestrates  will  goe  on  and  take  theire  oath,  I 
wilbee  willing  to  sitt  by. 


COUKT    ORDERS. 


81 


7.  If  they  shall  please  to  goe  on  as  they  are,  I  will  goe  on  with  them,      1655. 
as  in  a  case  formerly  wee  haue  done,  in  the  discharge  of  my  place,  till  by    '       '       ' 
a  further  adjourment  things  may  bee  better  settled,  and  then  I  will,  with  the    rBni^DPOKD 
rest,  take  a  new  oath,  prouided  I  bee  att  liberty,  if  I  bee  not  better  satisfyed    Governok.] 
att  the  adjournment. 

8.  That  the  adjournment  of  the  g>sent  Coiurt  shalbee  within  two  monthes  Of  this  see  the 
next  after  this  g>sent  day,  being  the  seauenth  of  June,  1655.     After  this  there  ders''\nnr 
was  a  joynt  concurrance  in  the  majestrates  g>sent  to  accept  theire  places,  M'  ^®^^- 
CoUyare  onely  excepted ;  the  deputies  tooke  the  abouesaid  writing  apart  and 
considered   therof,  and  propounded   sundry  thinges  in  way  of  satisfaction, 

which,  being  rectified,  were  enacted  by  the  Court  as  they  are  e  x  . 

*"Wheras  a  petition  was  ^sented  to  the  Generall  Coui-t  att  Plymouth,  the  [*79.] 
fift  of  June,  1655,  by  seuerall  inhabitants  of  the  towne  of  Rehoboth,  whose 
hands  were  thervnto  subscribed,  desiring  the  Court  to  asist  them  in  a  way 
according  to  the  orders  of  other  coUonies  about  them,  for  the  raising  mayn- 
taynance  for  the  minnestrey.  The  some  of  the  petition  seemed  to  hold  forth, 
that  those  whose  hands  were  not  subscribed  contributed  nothin,  or  soe  little 
as  was  not  esteemed,  of  which  petition  occationed  some  desputes  about  a 
forcable  way  to  compell  all  the  inhabitants  of  that  towne  to  pay  a  certaine 
sum  euery  yeare  towards  the  mayntainance  of  the  minnester ;  whervpon  M' 
John  Browne,  one  of  the  majestrates  then  siting  in  Court,  and  being  one  of 
the  inhabitants  of  that  towne,  and  not  being  made  acquainted  with  the  said 
petition  vntill  the  names  of  the  inhabitants  were  subscribed,  to  issue  the  said 
troublesome  contraversy  and  take  of  the  odivm  from  others,  did  propound 
that,  forasmuch  as  those  whose  hands  were  to  the  petition  desired  to  submitt 
themselues  vnto  a  rate,  that  iff  the  Court  would  send  two  of  the  majestrates 
vnto  Eehoboth  to  take  notice  of  the  estates  of  the  petitioners,  hee  would 
engage  himselfe  in  the  behalfe  of  those  whoe  were  then  inhabitants  of  the 
said  towne,  whose  hands  were  not  subscribed  to  the  petition,  that  they  should 
voulentarily  contribute  according  to  theire  estates ;  and  if  any  of  them  fall 
short  in  this  busines,  hee  would  supply  that  want  out  of  his  owne  estate,  and 
this  hee  would  make  good  by  ingageing  his  land  for  seauen  yeares  in  theire 
behalfe  while  they  stayed,  though  hee  himselfe  should  remoue  from  the  place  ; 
which  was  approued  of,  and  Cap?  Standish  and  M"^  Hatherley  were  then  made 
choise  of  by  the  Court  to  see  it  ordered  accordingly. 

In  further  answare  to  a  petition  prefered  to  the  Court  by  the  church  of 
Marshfeild  the  last  yeare,  desiring  healp  in  a  like  case  as  aboue  expressed,  the 
Court  ordered  and  requested  two  of  the  majestrates,  —  videlecett,  Cap?  Stan- 

VOL.    III.  11 


82  PLYMOUTH    COLONY    KECORDS. 

1655.  dish  and  M'' Alden,  —  to  goe  ouer  to  Marshfeild,  and  att  a  publicke  towne 
'  '^  ^  meeting  to  signify  vnto  them  the  Courts  desire  is,  that  the  inhabitants  of  the 
~  said  towne  would  take  notice  of  theire  dutyes  soe  as  to  contribute  according 

[BRA.DPORD,  •'  ° 

Governor.]  jq  theire  abilKties  freely  to  the  mayntainance  of  the  minnester,  that  soe  the 
said  minnester  may  carry  on  comfortably  in  despensing  the  word  of  God 
amongst  them,  that  soe  theire  may  bee  noe  just  cause  of  complaints  for  the 
future  in  that  behalfe. 

[*80.]  *Att  the  Generall  Coiu-t  holden  att  Plymouth,  June  6">,  1655. 

The  grand  enquest  ^sent  as  foUoweth  :  — 

Jlmpp'',  wee  ^sent  Susanna,  the  wife  of  Robert  Latham,  for  being  in  a 
great  measure  guilty,  with  her  said  husband,  in  exerciseing  creuelly  towards 
theire  late  seruant,  John  Walker,  in  not  affoarding  him  convenient  food,  ray- 
ment,  and  lodging  ;  especially,  in  her  husbands  absence,  in  forceing  him  to 
bring  a  logg  beyond  his  strength.^: 
Measures  are  Km,  wee  ^sent  the  towne  of  Plymouth  for  that  they  haue  not  prouided 

and  sealed.        standards  for  measures,  to  the  much  pjedice  of  the  seuerall  townshipes. 

Item,  wee  ^sent  the  towne  of  Marshfeild  for  want  of  a  pound,  stockes, 
and  whiping  post,  contrary  to  order. 

Item,  wee  psent  the  towne  of  Duxburrow  for  the  same  defecte. 
Cleared  by  pa-  Item,  wee  g>sent  John  Sprague   and  Ruth  Bassett,  of  Duxburrow,  for 

mg    e  ne.      fornication  before  they  were  married. 

It,  wee  ^sent  Josepth  Andrews  and  Robert  Barker,  survayors  for  the 

highwaies,  for  neglecting  to  mend  the  highwaies  in  the  township  of  Duxburrow. 

Item,  the  towne  of  Plymouth  for  not  haueing  a  pound  for  cattle. 

Item,  wee  ^sent  the  towne  of  Plymouth  for  that  the  country  way  betwixt 

theire  towne  and  Sandwich  townes  bounds  is  not  cut  passable  for  man  and 

horse. 

Item,  wee  psent  the  towne  of  Sandwidg  for  being  without  stockes  and 
whiping  post. 
Owning  the  p'-  Item,  wee  fsent  Hugh  Cole,  and  Mary  Foxwell,  his  now  wife,  in  keep- 

i™th  iT  ^  ^    ^^S  company  each  with  other  in  an  vndecent  manner,  att  an  vnseasonable  time 
fined  20'.  and  place,  before  marriage. 

Item,  wee  ^sent  Jane,  the  seruant  of  Willam  Swift,  for  an  acte  of  forni- 
cation, by  her  owne  confession  vpon  examination. 
Fined  10',  or,  Item,  wee  ^sent  Alice,  the  wife  of  Rich  Berry,  for  theiuish  milking  the 

'tfr'to  sTtnl'  cow  of  Tho  Phelps,  of  Yarmouth, 
the  stockes  att  j^^  ^ge  fi>sent  the  towne  of  Eastham  for  wanting  a  pound  for  cattle. 

Yarmouth  an  o       jr 

houre  the  neixt  I?,  Wee  g'sent  the  towne  of  Sandwidge  for  being  defectiue  in  not  haueing 

theire  full  proportion  of  common  aimes  according  to  order. 


8  June. 
[Beadpord, 


COUET    ORDERS.  g3 

Wheras  there  is  an  order  that  all  residing  in  the  coUonie  should  take  the      16  5  5. 
oath  of  fidellitie,  wee  can  not  find  ground  to  p>sent  the  breach  therof,  though 
•wee  haue  many  in  sundry  of  our  townes  that  haue  not  taken  the  same  because 
many  of  vs  haue  noe  majestrate  in  our  townes,  and  alsoe  because  wee  haue    Goveknok.] 
noe  list  whoe  haue  taken  the  same,  therby  to  know  whoe  haue  not,  nor  bookes 
of  orders  to  tender  them  the  oath. 

Item,  wee  desire  to  quere  whether  the  order  made  in  anno  1652  doe  giue 
liberty  to  the  old  comers  to  take  vp  each  pticulare  pson  his  pticulare  propor- 
tion in  diuers  pticulare  pcells  to  the  appropriateing  diuers  other  tractes  to 
theire  owne  benifitts,  by  disableing  them  to  bee  seruicable  to  accomodate  any 
other  men,  as  alsoe  the  benifitt  of  the  seacost,  to  the  prejudice  of  the  coUonie, 
as  is  conceiued. 

It,  wee  ^sent  that  wheras  there  is  an  order  of  Coui-t  for  fortifications  in 
euery  township  to  bee  made,  the  defecte  therof  is  soe  generall  that  there  are 
not  innocent  psons  enough  amongst  vs  to  ^sent  the  pticulare  defectes,  there 
being  soe  generall  a  fault. 

*iires  of  adminnestration  were  graunted  by  the  Court  vnto  Nathaniell  Ba-       [*81.] 
con,  of  Barnstable,  to  adminnester  on  the  estate  of  Anthony  Gilpin,  deceased. 

The  Court  doe  allow  vnto  Gorge  Lewis,  of  Barnstable,  for  charge  and 
trouble  about  the  said  Anthony  Gilpin  in  his  sicknes  and  all  other  times,  the 
sume  of  six  pound  three  shilKngs  and  four  pence,  besides  ten  shillings  for  the 
wintering  of  an  heifer,  and  two  shillings  and  six  pence  which  was  brought  in 
vpon  account  afterwards. 

The  Court  haue  examined  the  two  grandjurymen  of  Barnstable,  vizj, 
Samuell  Fuller  and  Wiliam  Crocker,  about  an  oath'  giuen  by  M'  Prence  to 
two  witnesses  concerning  a  case  about  Hugh  Cole  ;  and  they  did  both  affeh-me 
before  the  Court  that  M'  Prence  did  not  instigate  them  to  g>sent  Hugh  Cole, 
but  that  they  themselues  were  the  first  that  mentioned  it  to  him,  requesting 
him  to  giue  oath  to  the  said  witnesses  before  euer  hee  spake  to  them  about  it. 

Concerning  complaint  made  by  John  Hall,  of  Yarmouth,  against  Francis 
Baker,  of  the  same  towne,  for  abusing  Samuell  Hall,  his  son,  and  seruant  to 
the  said  Baker,  by  kicking  of  him  and  otherwise  vnreasonably  stricking  of 
him,  the  Court  haue  ordered,  that  the  said  Samuell  Hall  shall  bee  and  continew 
with  his  said  father  vntill  the  next  Court  of  Asistants ;  and  then  incase  the 
said  Baker  shall  come  and  complaine  to  the  said  Court,  hee  is  to  acquaint  the 
said  Hall  therwith,  that  soe  hee  may  come  with  him,  and  they  shalbee  heard. 

Ordered,  that  incase  the  towne  of  Sandwidge  doe  not  prouide  and  send  There  were  two 

r^  »       ^  m  f  t""  sence  sent  to 

vnto  October  Court  next  two  men  to  serue  in  the  office  of  grandjufmen,  they  serue  in  the 
shalbee  then  fined  according  to  order.  ^  '"'^' 


84  PLYMOUTH    COLONY    RECORDS. 

1655.  And  incase  theii-e  cunstable  last  chosen  doe  not  come  to  Plymouth,  the 

"       ''    "*    next  weeke  after  this  first  session  of  the  Court  is  ended,  and  take  his  oath  to 

8  June. 

rBEADFOKD     ^srue  in  the  said  office,  hee  shalbee  lyable  to  fine  likewise. 

GovERNOB.]  Wheras  by  a  warrant  from  M'  John  Browne,  directed  to  the  cunstable 

of  Taunton,  John  Cobb,  of  the  same  towne,  was  arested  att  the  suite  of  James 
Eogers,  of  Road  Island,  and  that  the  said  John  Cobb  appeered  att  Plymouth 
before  this  Court,  and  entered  bond  for  his  appeerance  to  answare  the  said 
suite,  Leiftenant  Wyate  came  into  the  Court  and  engaged  to  pay  the  debt, 
and  soe  the  said  Cobb  is  cleared. 

This  Court  was  adjourned  vnto  Tuesday,  the  first  of  July,  1655. 


2  July.      *Jltt  the  2'°^  Session  of  the  Generall  Court,  began  att  Plymouth  the 
[*82.]  0t  of  June,  1655,  and  holden  att  Plymouth  aforsaid  the  2"^^  of 

My,  1655. 

Before  Willram  Bradford,  gentle,  GoQ,  John  Browne,  and 

Wiliam  CoUyare,  John  Alden, 

Timothy  Hatherley, 

Gentle,  Asistants,  &6. 

THE  liberty  formerly  graunted  to  the  freemen  for  seeking  out  of  lands  for 
accoinodation  of  them  and  theire  posterities,  the  tearme  of  time  is  in- 
larged  vntill  June,  1656,  prouided  it  doe  not  prejudice  any  township  alreddy 
settled,  and  that  it  doe  not  cause  or  breed  any  desturbance  amongst  the  Indians. 

In  answare  to  a  former  request  made  to  the  Court  by  M'  Browne  as  his 
right,  Hberty  is  graunted  vnto  him  to  take  vp  two  hundred  acres  of  land  for 
his  sonnes  vpon  Patuckett  Riuer,  northward  from  M"^  Blackstones. 

Att  this  Court,  liberty  was  graunted  to  the  towne  of  Plymouth  to  pur- 
chase land  of  the  Indians  att  Sepecan,  to  winter  cattle  vpon. 

In  reference  vnto  a  former  engagement  vnto  James  Skiffe  for  his  former 
seruice,  the  Court  haue  graunted  vnto  him  a  smale  pcell  or  tract"  of  land  lying 
att  Mannomett,  videlect,  a  smale  necke  deuided  into  two  ptes  by  an  inlett  of 
water  coming  out  of  the  riuer  that  bounds  the  land  of  Thomas  Burgis,  Seni', 
on  the  other  side  that  riuer,  directly  ouer  agaiust  the  said  Thomas  Burgis  his 
land,  which  was  formerly  the  companies,  wher  they  had  a  trading  house,  vizj, 
all  the  said  necke  soe  deuided  as  abouesaid,  with  all  and  singulare  the  appur- 
tenances, priuilidges,  and  emunities  belonging  therunto,  with  all  the  meddow 


COURT    ORDERS.  85 

of  any  kind  bordering  vpon  the  said  necke  or  lying  on  the  skirts  therof,  to      165  5. 

haue  and  to  hold  vnto  the  said  James  SkifFe,  hee,  his  heires  and  assignes,  ''' 

2  jiiUy, 

In  regard  of  som  straites  and  hardships  vpon  Richard  Bourne  and  others,  Goternor,] 
the  freemen  of  Sandwidge,  the  Court  haue  graunted  vnto  them  that,  incase 
they  shall  find  any  pcells  of  meddow  about  Mannomett,  or  other  places  near, 
bordering  vpon  Sandwidge,  that  shall  not  bee  found  to  intrench  vpon  lands 
alreddy  graunted  to  any,  or  shall  not  hinder  a  plantation,  or  breed  or  occation 
any  desturbance  amongst  the  Indians,  they  haue  liberty  to  make  vse  and 
improue  the  same  for  the  supply  of  theire  wants  aboue  expressed. 

Liberty  is  graunted  vnto  Richard  Bourn,  of  Sandwidge,  to  make  vse  of 
som  vpland  meddow  lying  att  the  end  of  Mashpee  Pond,  provided  hee  doe  it 
with  the  concent  of  the  Indians  to  whom  it  belongeth. 

*The  Number  of  the  Woulues  killed  by  the  Indians  in  the  seuerall  Townships       [*83.] 
of  this  Jurisdiction  sence  the  last  Yeare. 

Plymouth,     . 
Duxburrow, . 
Scittuate, .... 
Sandwidg,     . 
Taunton, .... 

Being  proportioned  on  each  towne  comes  to,  — 
Barnstable  to  receiue  for  their  woulues  this 

June  Court,  1655, 

To  Yarmouth,  . 
To  Sandwidg,  . 
To  Plymouth,  . 
To  Eastham, 


3 

Yarmouth,     . 

.     six. 

1 

Barnstable,    . 

.     nine 

1 

Rehoboth,     . 

.     two. 

4 

Eastham, 

.     four. 

1 

03  :  02  :  03 


Due  to  Plymouth  for  the  woulues 
This  yeare,  in  1655,  .... 


01 : 14  :  09 
00  :  07  :  04 
00  :  02  :  03 
00  :  19  :  09 


in  1654, .     03  :  16  :  00 
.     .     .     00:02:03 


03  :  18  :  03 


What  Taunton  is  to  pay  to  tihe  charge,   .     .  00  :  15  :  03 

Scittuate, 01 :  15  :    4i 

Duxburrow, 00  :  15  :    3 

Rehoboth, 01  :  15  :    4i 

Marshfeild, 01  :  05  :    3 


06  :  06  :  06 


PLYMOUTH    COLONY    EBC0KD8. 


2  July. 
[Beadfoed, 
gotebnoe.] 


Barnstable,  nine  woulues, 
Yarmouth,  six  woulues,  . 
Sandwidge,  foure  woulues, 
Taunton,  one  woulfe, 
Scittuate,  one  woulfe, 
Plymoutli,  three  woulues, 
Duxburrow,  one  woulfe, 
Eastham,  foure  woulues,  . 
Efihoboth,  one  woulfe. 


04  :  10  :  00 
03  :  00  :  00 
02  :  00  :  00 
00  :  10  :  00 

00  :  10  :  00 

01  :  10  :  00 
00  :  10  :  00 

02  :  00  :  00 
00  :  10  :  00 

15  :  00  :  00 


[*84:.]  *The  townes  proportions  of  this  rate,  according  to  order  of  Court,  is  as 

followeth :  — 

Barnstable, 01  :  07  :  06 

Yarmouth, 01  :  05  :  03 

Sandwidge, 01  :  12  :  09 

Taunton, 01  :  05  :  03 

Scittuate, 02  :  05  :  04^ 

Plymouth, 01  :  07  :  09 

Duxburrow, 01 :  05  :  03 

Eastham, 01  :  00  :  03 

Kehoboth, 02  :  05  :    4^ 

Marshfeild, 01  :  05  :  03 

15  :  00  :  00 

A  Receipt  appointed  to  bee  recorded. 

Receiued  of  John  Gorum,  for  the  vse  of  the  collonie  of  Plymouth,  two 

barrells  and  one  kilderkin  of  oyle ;  I  say,  receiued. 

WILtAM   PADDY. 
Boston,  25  1,  (54.) 

Liberty  is  graimted  to  the  naighbourhood  in  which  M'  Browne  liueth  att 
Eehoboth  to  make  a  pound  to  ympound  cattle,  horses,  or  hoggs  that  shall 
treaspas  vpon  them. 

Leiftenant  "Wyate  and  Thomas  Clarke  haue  vndertaken  to  prouide  horses 
and  fufiture  for  them  for  the  vse  of  the  comissioners  in  their  journey  to  New 
Hauen ;  this  yeare  M''  Howland  hath  engaged  that  his  horse  shall  goe  for  one. 

M'  Josias  "Winslow,  Seni',  M'  Josias  Winslow,  Juni"',  M"^  Hinckley,  Tho 


COURT    ORDERS. 


87 


Clarke,  and  Robert  Studson  are  appointed  as  a  coinittee  to  meett  with  the 
majestrates  att  the  next  Court  of  Asistants,  to  treat  with  them  about  the  letting 
of  the  trade  att  Kennebecke,  and  about  regulateing  the  disorders  of  the  goQ- 
ment  there,  as  alsoe  to  take  the  accounts  of  the  Treasurer  and  M^  Paddy  in 
the  behalfe  of  the  countrey,  as  alsoe  to  take  order  for  cecuring  the  countreyes 
powder,  and  to  take  order  for  the  mending  of  Joaneses  Riuer  bridge  in  the 
behalfe  of  the  countrey. 

*]S1''  Josias  Winslow,  Juni,  allowed  and  approued  by  the  Court  to  bee 
cap?  of  the  milletary  companie  of  Marshfeild. 


1655. 

2  July. 

Bradford, 

Go9. 


[*85.] 


*Att   the  Court  of  Asistants  holden  att  Plymouth  the  seauenth  of 

August,  1655. 

Befoke  "Wiliam  Bradford,  GoQ,  Timothy  Hatherley,  and 

Willam  Colyare,  John  Alden, 

Asistants,  &d. 

WHEEAS  a  comittee  was  appointed  by  the  Court  to  meet  vdth.  the 
majestrates  att  this  Court  to  despose  of  the  trad  att  Kennebecke,  the 
majestrates,  with  the  said  comittee,  haue  ordered  and  lett  the  said  trad  (sun- 
dry considerations  moueing  them  therunto)  vnto  the  pteners  that  formerly  had 
it,  vizj,  M'  Wiliam  Bradford,  M""  Thomas  Prence,  Captaine  Thomas  Willett, 
M'  Josias  Winslow,  Juni"^,  and  M'  Wiliam  Paddy,  on  the  tearmes  they  for- 
merly had  it. 

It  was  ordered,  that  a  place  should  forthwith  bee  procured  to  cecure  the 
countreys  powder. 

M'  John  Howland  and  Constant  Southworth  are  appointed  and  requested 
by  the  Court  to  take  order  and  agree  with  workmen  for  to  mend  Joanses  Eiuer 
bridge  with  all  conuenient  speed. 

Wheras  it  doth  appeer  that  there  is  sofn  difference  and  controuersy 
amongst  the  milletary  companie  of  Yarmouth  about '  theire  leiftenant,  Samuell 
Ryder,  Seni',  and  som  reasons  are  by  som  of  them  rendered  against  his  excer- 
cising  in  that  place,  and  complaints  made  in  that  behalfe,  the  counsell  of  warr 
haue  ordered  that  theire  ensigne,  M'  Wiliam  Hedge,  shall  exercise  them  in 
traininge  vntill  the  next  October  Court,  att  which  Court  the  pties  or  some  of 
them  soe  diferently  minded  shall  appeer  and  shalbee  heard,  and  such  order 
taken  therin  as  shall  then  bee  thought  meett. 


7  August. 

[*86.] 


This  comittee 
Tvas  appointed 
att  the  2«"'^  ses- 
sion of  the 
Court,  holden 
the  2«''d  of  Ju- 
ly, 1655. 


88  PLYMOUTH    COLONY    EECORDS. 

In  the  difference  betwixt  John  Hall  and  Francis  Baker  about  SamueU 

Hall,  late  seruant  to  the  said  Francis  Baker,  the  Court  ordered  that  John 

[Bradford,    ^^^  shall  pay  vnto  the  said  Francis  Baker  the  summe  of  eight  pounds  for 

Governor]    ^.j^g  remainder  of  his  seruants  time  vnexpired,  and  the  said  SamueU  Hall  is  to 

continew  with  his  father,  and  soe  the  controuersye  is  ended. 

Lres  of  adminnestration  are  graunted  ynto  Sarah,  the  wife  of  Thomas 

Gannett,  deceased,  to  adminnester  vpon  the  estate  of  the  said  Gannett,  and  to 

pay  the  debts,  &6. 

About  a  gun.  Teage  Joanes  is  required  to  appeer  att  the  Court  to  bee  holden  in  October 

next,  to  answare  the  complaint  of  Mashantampaine,  and  to  giue  him  notice  to 

bee  ^sent  then  alsoe. 

r*87.1  *Christopher  Lawson  acknowlidgeth  to  owe  vnto  his  "1 

,  .  ,  ,  .  f  20" : 00 :  00 

highness  the  Lord  Protector  the  summe  of    .     .     .  } 

The  condition,  that  if  the  said  Christopher  Lawson  shall  appeer  att  the 
Generall  Court  of  Election  to  bee  holden  att  Plymouth  in  June,  1656,  to 
answare  such  thinges  as  shalbee  objected  against  him  in  respect  of  sundry 
misdemeanors  wherof  hee  is  accused  to  bee  guilty  att  Kennebecke,  and  not 
depart  the  said  Court  without  lycence  ;  that  then,  &(3  ;  vnlesse  the  said  Law- 
son  shall  haue  occation  to  goe  for  England  this  yeare. 

M"^  Thomas  Lake  engageth  vnto  the  Court  that  the  abouesaid  Christo- 
pher Lawson  shall  appeer  att  the  Generall  Court  to  bee  holden  att  June, 
1656,  to  answare  to  such  thinges  as  shalbee  objected  against  him  as  abouesaid ; 
and  if  the  said  Lawson  shall  haue  occation  to  goe  for  England  before  the  said 
Court,  the  said  M''  Tho  Lake  engageth,  that  incase  hee  come  ouer  againe,  and 
come  within  his  power,  hee  shall  appeer  vpon  summons  to  answare  the  said 
pticulars. 

Wheras  Eobert  Chambers,  somtimes  seruant  to  M'  Edward  Winslow,  is 
departed  the  gouerment  and  since  deceased,  and  when  hee  departed  hee  left 
a  smale  stocke  of  cattle  in  the  hands  of  Eobert  Caruer,  of  Marshfeild,  in 
ptenership  with  him  ;  and  the  time  of  theire  said  ptenorship  being  expired, 
and  the  encrease  of  the  said  cattle  deuided,  vpon  a  proposition  made  to  the 
Court  by  the  said  Eobert  Caruer,  they  haue  ordered  that  the  said  Eobert 
Chambers  his  pte  of  the  said  cattle  shalbee  and  remaine  in  the  hands  and 
custidy  of  the  said  Eobert  Caruer  on  the  conditions  hee  formerly  had  them, 
vizj,  to  halfes  the  encrease,  that  is  to  say,  the  breeding  cattle,  two  steer  calues 
remaining  vndesposed  of. 


COURT    ORDERS.  gg 


*Att  the  Generall  Court  held  att  Plymouth  the  4"^  of  October,  1655.     165  5. 

Before  "Willam  Bradford,  Gofl,  John  Browne,  and 

[Bradpord, 

Thomas  Prence,  John  Alden,  Goyernor.] 

Timothy  Hatherley,  [*88.] 

Asistants,  &6. 

WHERAS  there  is  a  complaint  brought  to  vs  of  the  vnworthy  carriages 
of  some  psons  in  the  traine  band  of  Scittuate  in  the  choise  of  theire 
sargeants,  which  doth  seem  to  vs  to  bee  in  contempt  of  the  goflment,  in  that 
they  voted  for  diuers  vnmeet  psons  for  such  a  place,  and  alsoe  in  voteing  for 
the  ensigne  to  bee  a  sargeant  that  was  formerly  assigned  to  the  place  by  vs ; 
now  these  are  therefore  to  require  you  that  in  due  time  you  come  together, 
and  make  choise  of  such  as  are  fitt  for  the  place  of  sarjeants,  and  those  men 
formerly  chosen  to  attend  the  daies  of  training  and  bearing  armes  as  before  ; 
and  if  you  giue  vs  occation  by  a  like  complaint,  wee  shall  take  further  order 
as  wee  shall  see  meet. 

And  wheras  wee  are  informed  that  Isacke  Bucke,  the  now  clarke  of  the 
said  band,  on  youer  last  dale  of  training,  when  hee  called  the  companie 
together,  did  vnworthyly  misdemean  himselfe,  wee  require  him  that  hee  make 
a  publicke  acknowledgement  therof  att  the  head  of  the  companie  the  next 
training  day,  or  otherwise  wee  heerby  require  him  to  make  his  psonall  appeer- 
ance  att  the  Generall  Court  to  bee  held  for  this  goQment  the  first  Tusday  in 
March  next,  to  answare  for  his  said  misdemeanor. 

WILtAM   BRADFOED, 
TIMOTHY  HATHERLEY, 
JOHN   BROWNE, 
JOHN   ALDEN. 

In  answare  to  a  petion  prefered  by  three  men  belonging  to  the  iron 
worke  att  Taunton,  requesting  that  they  may  hee  exempted  from  training,  the 
Court  doth  graunt,  that  att  such  time  as  when  theire  worke  is  in  hand  that 
they  are  exempted,  vnless  vpon  som  spetiaU  occation  of  watching  that  may 
arise. 

In  answare  vnto  two  notes  receiued  from  M'  Freeman  concerning  spoyle 
done  in  the  Indians  corn  by  horses  att  Mannomett,  the  Com-t  ordered  and 
requested  him  to  proportion  the  fiue  bushells  specified  in  the  last  note,  and  to 
pay  his  pte  therof,  and  to  signify  vnto  the  rest  whome  it  concernes  att  Sand- 

VOL.    III.  12 


90  PLYMOUTH    COLONY    RECORDS. 

165  5.     Avidge  that  they  are  to  pay  euery  of  them  theire  pte  ynto  the  Indians.     In 

^       '    regard  of  the  first  note,  it  being  lost  for  ^sent,  they  desired  him  to  send 

rBRADFORD    another  note  ;  and  for  such  as  it  concernes  att  Plymouth,  they  will  take  order 

Governor.]    that  paiment  shalbee  by  them  made  according  to  theire  proportions  of  both 

of  them. 
Thisia  since  Isacke  Bucke,  of  Scittuate,  for  refusing  to  shooe  horses  which  were  to 

bee  ymployed  to  carry  one  of  the  ( 
business,  is  fined  twenty  shillings. 


Court  ^^®  ymployed  to  carry  one  of  the  comissioners  to  New  Hauen  on  the  countryes 


[*89.]  *Wheras  an  execution  was  issued  out  of  the  Court  in  March  last  against 

Wiliam  Hailston,  of  Taunton,  in  the  behalfe  of  Janathan  Briggs,  of  Taunton 
aforsaid ;  and  one  cow  and  two  steers  was  therby  seized  by  the  marshall, 
being  in  the  custidy  of  the  said  Hailston  and  knowne  to  bee  his  cattle ;  and 
att  the  seizing  and  prising  of  the  same,  the  said  Hailstone  did  not  att  all  make 
any  intimation,  nor  any  else,  that  any  other  pson  had  any  title  to  any  of 
them,  as  the  marshall  testifyeth ;  but  after  they  were  deliuered  vnto  the  said 
Briggs,  Nicolas  White,  of  Taunton,  hath  petitioned  the  Court  that  the  two 
steers  were  not  Hailstons,  but  his  by  a  former  bargaine,  and  paied  for  by  him 
without  any  fraud,  as  hee  saith ;  the  Court  hath  taken  the  same  into  consider- 
ation, and  ordered,  that  att  M''  Brownes  returne  home  he  call  the  said  White 
and  Hailstone  before  him ;  that  if  the  said  White  doe  produce  testimony  vpon 
oath  that  if  the  steer  was  bought  and  deliuered  for  his  vse  before  the  execu- 
tion was  serued,  then  the  steers  to  bee  retru-ned  to  White,  and  Hailstone  caused 
to  make  paiment  in  other  goods ;  else  the  steers  to  remaine  as  the  goods  of 
the  said  Briggs,  his  steers,  to  bee  desposed  of  by  him  to  his  best  advantage. 

WILLAM   BRADFORD, 
TIMOTHY  HATHERLEY, 
JOHN  ALDEN. 

The  Court  haue  ordered,  that  M'  Arther  Howland  and  Thomas  Doged 
shall  procure  a  survayor  to  lay  out  the  land  in  controversy  betwixt  Thomas 
Doged  and  him,  who  shall  doe  it  according  to  direction  and  testimony  fi-om 
Captaine  Standish  and  M'  Alden,  and  to  lay  out  the  line  of  deuision  betwixt 
them  according  to  the  euidences,  and  to  returne  what  is  done  vnto  the  Court, 
and  the  charges  therof  to  bee  equally  borne  betwixt  them. 

Wheras  Teage  Joanes  accused  Masshantampaine  to  haue   stolen  a  gun 
from  him,  the  Court,  haueing  heard  what  can  bee  said  on  both  sides,  can  not 
find  that  the  said  gun  is  the  said  Joaneses,  and  doe  therfore  order  Thomas 
I 


COURT   ORDERS.  91 

Boardman,  the  cunstable  of  Yarmouth,  to  see  the  gun  deliuered  vnto  him,  the      165  5. 
said  Masshantam.painej  againe.  "^ 

^  October 

John  Darbey,  of  Yarmouth,  complained  att  this  Court  against  Masshan-    maADFOED 
tampaine,  that  his  doges  did  him  wrong  amongst  his  cattail,  and  did  much    Goveenor.] 
hurt  one  of  them.     The  Court  haue  ordered  and  requested  M'  Prence  and 
Thomas  Boardman  to  heare  and  determine  the  said  diference  as  M"^  Prence 
goeth  home. 

Masshantampaine  being  accused  to  haue  a  chist  full  of  tooles  of  all  sorts 
which  hee  had  stolen  from  the  English,  to  clear  himselfe  of  this  accusation, 
hee  dehuered  his  kees  in  open  Court  vnto  M"^  Prence,  that  soe  hee  may  serch 
his  chists. 

*Wheras  great  controuersy  hath  been  amongst  the  milletary  companie  of  [*90.] 
Yarmouth  concerning  Samuell  Rider,  their  leiftenant,  some  being  for  him  and 
soni  against  him  for  continuance  in  his  place,  the  Court,  haueing  heard  what 
can  bee  said  on  both  sides,  and  espetially  in  regard  of  a  writing  produced  by 
Robert  Dennis  therin  shewing  great  abuse  done  vnto  himselfe  by  the  said 
Rider  in  many  vnsufferable  and  provoking  speeches,  the  g>mises  by  the  Court 
considered,  they  doe  order  that  Ensigne  Hedge  shall  exercise  the  companie 
vntill  the  aforsaid  complaint  bee  further  heard  and  cleared. 

And  att  this  Court,  Jane  Powell,  seruant  to  Wiliam  Swift,  of  Sand- 
widge,  appeered,  haueing  been  ^sented  for  fornication,  whoe,  being  examined, 
saith  that  it  was  comitted  with  one  David  Ogillior,  an  Irish  man,  seruant  to 
Edward  Sturgis  ;  shee  saith  shee  was  alured  thervnto  by  him  goeing  for  water 
one  euening,  hopeing  to  haue  married  him,  beeing  shee  was  in  a  sadd  and 
miserable  condition  by  hard  seruice,  wanting  clothes  and  Huing  discontentedly  ; 
and  expressing  great  sorrow  for  her  euell,  shee  was  cleared  for  the  psent,  and 
ordered  to  goe  home  againe. 

Att  this  Court,  the  grand  enquest  f  sented  Richard  Beare,  of  Marshfeild, 
for  swearing  by  the  wounds  of  God.     Testified  by  Wiliam  Maycomber. 

The  proportions  of  each  towne  of  what  they  are  to  pay  towards  .the  charge 
of  the  expedition  the  last  yeare  in  sending  out  souldiers  against  Ninne- 
grett,  the  Nyanticke  sachem. 

Plymouth, 04:01:06 

Duxburrow, 03  :  13  :  08 

Scittuate, 06  :  14  :  02 

Sandwidg, 04  :  16  :  01 

Taunton, 03  :  14  :  01 


92 


1655. 

Y — — ' 

4  October. 

[BrA-DFOBD, 
GOVERNOK.] 


PLYMOUTH    COLONY    RECORDS. 

Yarmouth, 03  :  14  :  01 

Barnstable, 04  :  01  :  06 

Marshfeild, 03  :  14  :  01 

Rehoboth, 06  :  14  :  02 

Eastham, 02  :  19  :  08 

44  :  03  :  00 


[*92.] 


*Captaiiie  James  Cudworth, 
Thomas  Chettenden, 
Thomas  Ensing, 
Josepth  Colman, 
Edward  Jenkens, 
Gowin  White, 


sworne.  < 


'  John  Allen, 
John  Damman, 
Rodulphus  Elmes, 
Richard  Man, 
Abraham  Seklett, 
Richard  Curtis, 


These  twelue  men  aboue  written  being  impannelled  and  sworne,  this 
fifteenth  of  Nouember,  1655,  did  looke  on  the  body  of  Thankful!  Pakes,  the 
daughter  of  Wiliam  Pakes,  to  enquire  of  the  vntimely  death  of  it. 

By  the  appointment  of  mee,  TIMOTHY  HATHERLEY. 

Wee  find  Wiliam  Pakes  his  well  to  bee  very  dangerous,  as  both  in  that 
it  lyes  att  the  foot  of  a  hill,  as  alsoe  haueing  noe  fence  aboute  itt  to  preserue  a 
child  firom  shooting  or  tumbling  in ;  soe  the  child  falling  or  tumbling  in  the 
water  was  the  cause  of  the  death  of  ThankfuU  Pakes. 

This  was  the  verdict  giuen  in  by  the  jury  concerning  the  death  of  Wiliam 
Pakes  his  child  the  15""  Nouember,  1655. 

The  16*  of  February,  1655,  they  whose  names  are  vnderwritten  were 
panneled  on  a  quest  of  enquiry  about  the  death  of  Richard  Man. 

By  mee,  TIMOTHY   HATHERLEY. 


sworne. 


'  Matthyas  Briggs, 
Ensigne  John  Williams, 
Serjeant  Gilbert  Brookes, 
Jeremy  Hatch, 
Rodulphus  Elmes, 
Gowin  White, 


sworne.  ■ 


'  Wiliam  Pakes, 
Jonathan  Whetcom, 
Thomas  Ensigne, 
Steuen  Viner, 
Robert  Whetcom, 
John  Hoar. 


COURT    ORDEES. 


.&3 


01  :  15  :  00 


11:07:09 


05  :  02  :  00 


04  :  00  :  00 


61 :  04  :  09 


[*93.] 


The  verdict  of  the  jury  concerning  the  death  of  Eichard  Man.  1655. 

"Wee  find,  that  by  coining  ouer  the  pond  from  his  owne  house  towards     ^  October 

the  farmes,  that  hee  brake  through  the  iyce,  and  was  in  soe  deep  that  hee    [Bradford, 

could  not  git  out,  and  by  reason  of  the  cold  of  the  weather  and  water  made 

him  vnable  to  healp  himselfe,  neither  could  any  other  g>sent  aford  him  any 

healp  that  could  healp  him  out,  though  they  vsed  their  best  indeauors  for  the 

space  of  about  an  houre,  as  is  reported  to  vs  by  the  wittnesses  that  saw  him, 

in  which  time  hee  died.     This  wee  find  to  bee  the  cause  of  his  death,  as  wee 

all  judge. 

*This  ninth  of  August,  1655. 

11         s         d 

The  Treasiu'er  debter  to  the  countrey  vpon  balence  of  "I 

the  account  first  of  August,  1654, J 

To  non  receipts  vpon  former  accounts  of  Hide  Kerbey  ] 

^^  ^,           ^  -^   !>  30 :  02 :  00 

and  Hall, ) 

To   fines   receiued   as   appeers  by  his  bill,  and   not 

charged  to  account  in  the  former, 

VizJ,  Ehzabeth  Randall,  10%  Wiliam  Bassett,  Seni%    .   00  :  10  :  00 

And  Leiftenant  White, 00  :  15  :  00 

To  Fines. 

By  James  Gleghome, 05  :  00  :  00 

John  Pecke, 02  :  10  :  00 

JohnSprague, 10:00:00 

John  Woodcocke, 02  :  00  :  00 

Adonijah  Moris, 02:00:00 

Josepth  Tilden, 10  :  00  :  00 

More  to  11^  07'  9^  by  error  placed  vpon  his  creditt, 

and  not  charged  debter, 

And  to  fiue  pound  payed  to  M""  Browne,  which  was 
Hkwise  placed  vpon  his   creditt  and  not   charged 
debter ;  which  moneys,  wee  vnderstand  by  examina- 
tion, was  paied  ou?",  of  Rehobothes  rate. 
To  two  barrels  of  oyle,  as  appeers  by  his  letter,  .     . 

To  a  kilderkin  of  oyle, 01  :  06  :  08 

Debter  in  totall, 85  :  06  :  09 

Besides  the  30"  2'  in  non  receipts. 
The  Treasurer  debter  vpon  the  ballence  of  the  account 

this  9"^  of  August,  1655, 

Besides  the  30"  02'  of  non  receipts. 


From  Yar- 
mouth. 


94 


PLYMOUTH    COLONY    EECOKDS. 


1655. 

4  October. 
[Bhadfohd, 
governob.] 


61  :  04  :  09 


Kennebecke  trade  debter  to  the  country  vpon  the  bal- 
lence  of  the  account  this  9"^  of  August,  1655, 
Besides  the  30*  2"  of  non  receipts. 
August  the  9'^  1655. 

JOSIAS   WINSLOW, 
THOMAS   HINCKLEY, 
THOMAS   CLARKE. 


[*'94.]  *P  contra  creditt  as  appears  by  his  bills,  August,  1654.  ^ 

To  M"^  Prence  on  the  comission, 06  :  00  :  00 

To  Savory, 01  :  05  :  00 

Henery  Holland  for  horse  Her, 02  :  10  :  00 

Henery  Sampson  for  hors  Her, 01  :  15  :  00 

To  Savory, 00  :  05  :  00 

Savory, 01  :  10  :  00 

John  Barnes, 00  :  10  :  00 

John  Tisdall  for  horse  Her, 00  :  10  :  00 

For  letters  from  Taunton, 00  :  10  :  00 

To  Savory, 00  :  12  :  00 

M-^  Howland  for  horse  Her, 00  :  10  :  00 

John  Smith  for  fetcHng  of  a  cow, 00  :  10  :  00 

Marshall  Nash, 02  :  10  :  00 

Chapman  for  ferrying, 00  :  05  :  00 

19  :  02  :  00 


To  the  Courts  acquittance  of  M'  Cudworths  fine,     .     .   05  :  00  :  00 

Creditt  in  total, 24  :  02  :  00 

The  countrey  debter  to  Cap?  Willett  and  M'  Paddy  " 

upon  the  ballence  of  theire  owne  account  as  giuen  '.  23  :  01  :  08 

in  by  them  the  first  of  March,  1654,      .... 

And  the  countrey  creditt  to  oyle  receiued  by  them  this  yeare,  wHch  they 

are  to  giue  account  of. 

P  JOSIAS   WINSLOW, 

THOMAS  HINCKLEY, 

THOMAS   CLARKE. 


COURT    OEDERS. 


95 


*Att  the  Generall  Court  held  the  fift  of  March,  att  Plymouth,  in  the   165  5-6. 

Yeare  1655. 


Befok  Wiliam  Bradford,  Goii,  Timothy  Hatherley, 

Thomas  Prence,  John  Alden,  and 

Wiliam  CoUyare,  Thomas  Willett, 

Assistants,  &d. 


5  March. 
[Bbadfow), 
goveknoe.] 

[*95.] 


A    WRITING  appointed  to  hee  recorded  :  — 

-*-  Wheras  att  the  Generall  Coiurt  held  att  i  lymouth  the  4""  of  October, 
1655,  by  warrants  then  issued  out  to  the  seuerall  townes  of  this  jxu-isdiction 
the  said  townes  were  required  to  send  in  theire  minds  vnto  the  Coiu-t  held  the 
fift  of  March,  1655,  to  treat  and  conclude  about  the  leting  of  the  trad  att 
Kennebecke,  and  that  simdry  of  the  said  townes  sent  in  theire  deputies  for 
that  purpose,  some  of  them  omiting  to  send,  they  that  then  appeered  seeing 
a  great  nessesitie  for  the  speedy  leting  of  the  said  trad,  they  therefore  haue 
agreed  and  sett  the  trad  vnto  M'^  Wiliam  Bradford,  SenT,  JSI"  Thomas  Prence, 
and  Capt  Thomas  Willett,  for  the  full  tearme  of  seauen  yeares,  begiiiing  when 
the  former  tearme  shalbee  fully  expired,  they  yeilding  and  paying  into  the 
hands  of  som  man  whom  the  countrey  shall  appoint  for  the  receipt  therof  the 
summe  of  thirty-fiue  pounds  certaine  p  annum,  and  this  to  bee  paied  in  monney, 
or  moose  or  beauer,  att  prise  current,  which  paiment  is  to  bee  made  att  two 
seuerall  paiments  euery  yeare,  vizj,  the  one  halfe  on  the  last  of  Aprill,  and 
the  other  halfe  on  the  last  of  ]Sf ouember,  during  which  tearm  of  seauen  yeares 
aboue  expressed  the  said  pteners,  vizj,  Wiliam  Bradford,  Thomas  Prence,  and 
Thomas  Willitt,  haue  full  and  free  liberty  to  improue  and  imploy  the  said 
trad  to  the  best  advantage  they  can  for  themselues  and  the  countrey ;  and 
they,  the  said  Wiliam  Bradford,  Thomas  Prence,  and  Thomas  Willitt,  doe 
couenant  for  themselues,  and  theire  exequitors,  adminnestrators,  and  assignes, 
that  for  such  of  the  said  seauen  yeares  as  they  shalbee  able  out  of  the  produce 
of  the  said  trad  to  pay  other  fine  pounds,  they  promise  to  giue  it  in  species 
aboue  expressed ;  an  they,  the  said  Wiliam  Bradford,  Thomas  Prence,  and 
Thomas  Willett,  doe  couenant  and  engage  for  themselues,  and  theire  exequi- 
tors, adminnestrators,  and  assignes,  that  att  the  end  of  the  abouesaid  tearme 
of  seauen  yeares,  that  theire  debts  of  beauer  amonge  the  Indians  shall  not 
bee  aboue  the  number  of  fiue  hundred  skines,  two  hundred  and  fifty  of  them 
to  bee  vallued  att  8°  a  skin,  and  the  other  two  hundred  and  fifty  to  bee  vallued 
att  4*  a  skin ;  and  if  the  pteners  that  then  shall  haue  the  the  trad  shall  not 


96 


PLYMOUTH    COLONY    RECOflDS. 


1655.      soe  accept  of  ttem,  that  then  the  said  "Wiliam  Bradford,  Thomas  Prence,  and 

'"^'^'^  Thomas  "Willett,  they,  theire  exequitors,  adminnestrators,  and  assignes,  haue 

heerby  libertie  to  take  the  best  and  faii-est  course  they  can  for  the  procuring 

[BEA.DPOKD,  •'  J  i.  <J 

GoTEKNOE.]    in  of  theire  said  debts. 

Such  as  appeered  from  some  of  the  townes  of  this  jurisdiction,  and  acted 
in  the  setting  and  letting  of  the  trad  att  Kennebecke  in  the  behalfe  of  the 
countrey  as  is  aboue  expressed,  were  those  whose  names  are  vnderwritten  :  — ■ 

M'  Wiliam  Collyare, 

M"^  Timothy  Hatherley, 

M''  John   Alden, 

CaptI  James  Cudworth, 

M"^  Josias  Winslow,  Seni', 

M''  Edmond  Hawes,  for  both  Yarmouth  and  Barnstable. 

Constant  Southworth. 


[*96.] 


This  is  sence 
cleared,  and 
ended  with 
shaipe  re- 
proofe. 


Eastham  sent  in  theire  minds  by  writing. 

It  was  further  agreed  by  the  pties  aboue  expressed,  that  notice  should 
then  bee  forthwith  giuen  to  the  seuerall  townes,  that  incase  they  or  any  of 
them  should  dislike  of  what  was  don  as  abouesaid,  they  should  send  in  theire 
dislike  therof  in  fourteen  dales  after  this  Courte. 

*The  Court  haue  ordered  and  requested  M''  Prence  to  adminnester  an 
oath  vnto  the  widdow  Darbey,  sofiitimes  the  wife  of  John  Darbey,  of  Yar- 
mouth, deceased,  for  the  truth  of  the  inuentory  of  his  estate. 

The  like  is  requested  of  M''  Hatherley  in  respect  vnto  the  estate  of 
Richard  Man,  late  deceased  att  Scittuate. 

Att  this  Court,  Sarah,  the  daughter  of  Richard  Kerbey,  of  Sandwidge, 
appeered  according  to  summons,  and  being  examined  concerning  diuers  sus- 
pisious  speeches  by  her  vttered  against  Richard  Bourne  and  M''  Edmond 
Freeman,  of  Sandwidge  aforsaid,  &  is  found  faulty,  and  sentanced  by  the 
Court  to  bee  punished  seucrely  by  whipping,  onely  the  execution  therof  is  res- 
pited, that  incase  shee  bee  warned  by  the  present  centance  and  admonission  to 
offend  noe  more  in  this  kind,  that  then  the  said  punishment  not  to  bee  inflict- 
ed, otherwise  to  bee  executed. 

Richard  Beare,  being  ^sented  for  swearing  by  the  wounds  of  God,  not 
appeering  by  reason  of  sicknes  or  lamenes,  it  is  refered  vntill  the  next 
Court. 


shim. 


COURT    OEDERS.  97 

Presentments  by  the  Grand  Enquest.  1655. 

"Wee  psent  M'  Thomas  Robenson  and  Humphry  Johnson,  of  the  towne      g  jjj^j(.j^ 
of  Scittuate,  for  not  makeing  a  rate,  being  legally  chosen.    Fined  according  to  order.    [Bradford, 

Wee  g>sent  John  Gorum  for  vnseamly  carriage  towards  Blanch  Hull  att  pj^g^^O' 
vnseasonable  time,  being  in  the  night. 

Wee  p>sent  Blanch  Hull  for  not  crying  out  when  shee  was  assaulted  by  Fined  fifty 
John  Gorum  in  vnseemly  carriage  towards  her  vpon  her  owne  relation. 

Wee  ;Psent  Robert  Grossman  for  breaking  open  the  pound  by  taking 
downe  a  rayle  and  taking  out  lais  calues,  tending  to  breach  of  peace  and  des- 
turbance  of  the  naighbourhood. 

Wee  f  sent  Richard  Turtall  for  laciuiouse  carriage  toward  Ann  Hudson, 
the  wife  of  John  Hudson,  in  taking  hold  of  her  coate  and  inticing  her  by 
words,  as  alsoe  by  taking  out  his  instrument  of  nature  that  hee  might  prevaile 
to  lye  with  her  in  her  owne  house. 

Wee  ^sent  to  this  honored  Courts  consideration  the  death  of  two  men 
vnattested,  vizj,  John  Granger,  of  Marshfeild,  and  Richard  Man,  of  Scittuate. 

Att  this  Court,  complaint  was  made  against  Benajah  Dunham  for  foolish 
and  provoking  carriages,  in  drawing  his  knife  vpon  sundry  psons  att  Taunton, 
which  might  haue  proued  of  ill  consec[uence ;  but  being  examined  by  the 
Court,  and  deneying  the  mayne  pte  of  the  accusation,  it  rested  for  further 
proofe. 


*Att  a  Court  of  Asistants  held  att  JYew  Plymouth  the  sixt  of  May,     1656. 

1656.  ' ^— 

6  May. 

r*97.] 

Before  Wiliam  Bradford,  GoQ, 

Wiliam  CoUyare,  and  John  Alden, 
Asistants,  &^. 

IN  answare  to  a  petition  prefered  to  the  Court  by  Thomas  Doged,  of  Marsh- 
feild, wherin  the  said  Thomas  Doged  requested  that  a  jury  might  bee 
impanneled  to  make  deuision  of  a  certaine  tract  of  land  soald  by  M'  Edmond 
Freeman,  of  Sandwidge,  Seni'^,  vnto  M'  Arther  Howland  and  Thomas 
Chillingsworth,  deceased,  lying  att  the  South  Riuer,  in  the  township  of  Marsh- 
feild, the  Court  haue  ordered,  there  shalbee  a  jury  of  twelue  men  that  shall 

VOL.    III.  13 


98  PLYMOUTH    COLONY    RECORDS. 

1656.      determine  the  laying  out  of  the  said  land,  and  shall  fully  end  the  controversy 
^    "^    betwixt  the  said  Arther  Ho-wland  and  Thomas  Doged  about  the  said  land ; 

6  May. 

rBEADFORD        ®  ®^^*^  i^^y  ^®  *°  ^^®  impanneled  att  the  next  GeneraU  Court. 
GoTEBNOB.]  Wheras,  for  the  satisfying  of  a  debt  of  35  pound  due  vnto  M'  Isacke 

Allerton  from  Godber  Godbersom,  an  extent  was  layed  vpon  the  land  of  M'' 
John  Combe  att  Rocky  Nooke,  in  the  towneship  of  Plymouth,  in  the  yeare 
1648,  the  fift  of  August,  by  M"^  Thomas  Cushman  as  the  agent  of  the  said 
Isacke  Allerton,  these  are  to  signify,  that  in  the  yeare  1654,  the  said  Thomas 
Cushman  receiued  the  last  paiment  of  the  proffetts  of  the  said  lands,  and  att 
this  Court  hath  brought  in  his  account  of  the  profFets  of  the  said  land,  and 
therupon  the  extent  is  taken  of,  and  the  said  land  is  discharged.  The  account 
is  as  foUoweth :  —  u       b        d 

n,  in  corn  receiued, 19  :  01  :  00| 

n,  in  fruite  receiued,  one  hundred  ninety  one  bushells  and  an  halfe  of 
aples. 

Att  this  Court  Richard  Bear  appeered,  whoe  was  formerly  ^sented  for 
swearing  by  the  wounds  of  God,  being  reproued  and  paying  the  fine,  was 
released  of  this  f  sentment. 

iires  of  adminnestration  was  graunted  vnto  Richard  Beare,  to  adminnes- 
ter  on  the  estate  of  John  Granger,  deceased. 

Lres  of  adminnestration  was  graunted  vnto  the  wife  of  Richard  Man, 
late  deceased,  to  adminnester  on  his  estate ;  and  Cap?  James  Cudworth  en- 
gageth  to  saue  the  Court  harmles  from  any  dammage  that  might  com  to 
them  therby. 

The  wife  of  Richard  Man,  deceased,  doth  giue  vnto  her  three  youngest 
children,  to  each  of  them  fine  pounds  ;  and  Captaine  Cudworth  standeth  boimd 
to  see  the  same  pformed  out  of  the  estate  of  the  said  Richard  Man. 


COURT    ORDBES.  99 

*M  a  Generall  Court  holden  att  Plymouth  the  third  Day  of  June,     1656. 

1656.  ^--r-- 

3  June. 
[Bkadford, 

Befoke  "Wiliam  Bradford,  Goii,  Timothy  Hatherley,  Goveenor.] 

Thomas  Prence,  John  Alden,  and  [*98.] 

Wiliam  CoUyare,  James  Cudworth, 
Asistants,  &6. 

M^  WILLAM   BRADFORD,  Seni',  was  chosen  GoQ,  and  sworne. 
M"-  Thomas  Prence,  M'  Wiliam  Collier,  M'  Timothy  Hatherly,  Cap? 
Myles  Standish,  M''  John  Alden,  Capt  Thomas  Willett,  and  Cap?  James  Cud- 
worth,  were  chosen  Asistants,  and  sworne. 

M'  Wiliam  Bradford,  Seni',  and  "j  were   chosen   comissioners,  and  Cap? 
]VP  Thomas  Prence,  J       Cudworth  next  in  nomination. 

M'  John  Alden  was  chosen  Treasurer. 

The  Names  of  the  Coriittees  that  serued  att  this  Court  and  the  Adjournment 

therof. 

M'  John  Howland,  Richard  Wilhams, 

John  Dunham,  Seni"^,  Anthony  Annable, 

John  Coolce,  John  Smith, 

Thomas  Clarke,  M'  Edmond  Hawes, 

Constant  Southworth,  Samuell  Arnold, 

Wiliam  Paybody,  M'  Anthony  Eames, 

Cap?  Cudworth,  Anthony  Snow, 

Robert  Studson,  M""  Stephen  Payne, 

Thomas  Tupper,  Wiliam  Carpenter, 

James  Skiffe,  Richard  Sparrow, 

Leiftenant  Wyate,  M'  John  Freeman. 

Cap?  Cudworth  being  chosen  majestrate,  Leiftenant  Tory  was  chosen  and 
did  act  att  the  adjournment  as  deputie. 

The  Cunstables  of  the  seuerall  Townes. 

Plymouth, John  Rickard. 

Duxburrow, Edward  Hunt. 

Bridgwater, John  Carrew. 

Scittuate, Abraham  Suttley. 


3  June. 
[Bbadfokd, 
Governor.] 


PLYMOUTH    COLONY    RECORDS. 

Sandwidg, Myles  Blacke. 

Tauntorij  Francis  Smith. 

Barnstable, Abraham  Blush. 

Yarmouth, Richard  Tayler. 

(  Timothy  Williamson, 

Marshfeild, i  r-,     ~  -rr      i 

l^  (jrorg  V  aughan, 

Eehoboth, Wiliam  Sabine. 

Eastham, Jonathan  Sparrow. 


Fine.     M'  Thomas  Robenson,  refusing  to  take  the  oath  of  a  cunstable, 
being  therunto  required,  is  fined  according  to  order  fifty  shillings. 


[*99.] 


*The  Grand  Enquest. 


Christopher  Wadsworth, 
Henery  Bourne, 
Henery  Wood, 
Thomas  Laythorpe, 
Samuell  Elson, 
Samuell  Hiclces, 
James  Walker, 
Thomas  Doged, 
Gorge  Macye, 
Josias  Cooke, 


sworne. 


Eluerton  Crow, 
Will  Eldred, 
Samuell  Jackson, 
Resolued  White, 
Arther  Hathaway, 
John  Merrltt,  absent, 
LeifE  Peter  Hunt, 
Wiliam  Buckland, 
Wiliam  AUen,  absent, 
John  Rouse. 


>  sworne. 


Plymouth, 


Duxburrow, 


Scittuate,    . 
Sandwidge, 


The  Survayors  for  the  Highwaies. 

Ephraim  Tinkham, 
Wiliam  Harlow, 
Wiliam  Shirtley, 
.James  Cole,  Junier. 
Henery  Howland, 
John  Tracye, 
Thomas  Ensigne. 
Walter  Woodward. 


Taunton,    . 
Yarmouth, 


r  Henery  Andrews, 
[Robert  Thornton, 
r  Samuell  Rider,  Sen'. 
I  Andrew  Hallott. 


COURT    ORDERS.  ^q-j^ 

Barnstable,       ....       | ^^  SamueH  Hinckley,  1656. 

[  John  Daxiis.  """"> — — ' 

Marskfeild,      ....  ^■^™"- 

'^  [Bbabfohd, 

Eenobotli, ^  Goyernok.] 

Eastham, f  Gorge  Crispe, 

(^  John  Mayo. 

Micaell  Turner,  for  refusing  to  serue  on  the  grand  enquest,  fined,  accord-  Fine, 
ing  to  order,  twenty  shillings  ;  and  another  to  bee  sent  in  the  name  of  Wiliam 
Eldred,  of  Yarmouth. 

Freemen  admitted  this  Court,  and  sworn. 
M"^  "Wiliam  Bradford,  Juni',  John  Rickard, 

Thomas  Laythorpe,  Wiliam  Bassett, 

Wiliam  Haruey,  Wiliam  Walker. 

Josepth  Laythorpe, 

The  Names  of  such  as  stand  propounded  to  take  vp  theire  Freedome. 
Richard  Tayler,  Wiliam  Nelson, 

Eluerton  Crow,  John  Tracye, 

Wiliam  Pakes,  Josepth  Wadsworth. 

Timothy  Williamson, 

The  Court  haue  ordered,  that  hencforth  such  as  are  admitted  freemen,  see  for  this, 
the  deputies  of  such  townes  as  where  such  psons  Hue  shall  propound  them  to  j^^  1    '  "' 
the  Court,  being  such  as  shalbee  alsoe  approued  of  by  the  freemen  in  such  i^^''. 
townes  wher  they  hue. 

*+The  Court  haue  graunted  vnto  Captaine  Myles  Standish,  according  to      [*  100.1 
his  request,  a  certaine  tract  of  vpland  of  three  hundred  acres  and  meddow,  ly-  Of  this  see 

more  the  sea- 

ing  about  a  pond  called  Satuckquett  Pond,  neare  Duxburrow  New  Plantation. J  uenth  page  for- 

Ordered,  that  henceforth  Duxburrow  New  Plantation  bee  allowed  to  bee  ^^,  ™     ' 
a  townshipe  of  yt  selfe,  destinct  from  Duxburrow,  and  to  bee  called  by  the 
name  of  Bridgwater,  prouided  that  all  pubhcke  rates  bee  borne  by  them  with 
Duxbiurrow  vpon  equall  proportions. 

Att  this  Court  Wiliam  Nicarson  appeered,  being  sumoned  to  answare  for  Fine, 
his  buying  of  land  of  the  Indians,  contraiy  to  order  of  Court,  and  for  selhng 
of  a  boat  to  the  Indians,  against  a  warrant  directed  to  Yarmouth  strictly  pro- 
hibiting the  same,  haueing  left  the  boate  to  bee  the  Indians ;  concerning  his 
breach  of  order  in  buying  of  the  land,  hee  lyeth  vnder  the  fine  and  penalty 
expressed  in  the  order  for  the  breach  therof ;  and  for  his  contempt  of  the 
warrant,  hee  is  disfranchised  his  freedome. 


102  PLYMOUTH    COLONY    RECOEDS. 

1656.  Wheras  Josepth  Eamsden  hath  liued  long  in  the  -woods,  in  an  vnciuell 

"^  ■^Eiy,  in  the  woods,  with  his  wife  alone,  wherby  great  inconyeniencies  haue 

3  June. 

rBRAMOKD  followed,  the  Court  haue  ordered,  that  hee  repaier  downe  to  sum  naighbor- 
GovEENOK.]    hood  betwixt  this  and  October  next,  or  that  then  his  house  bee  pulled  downe. 

Fine.  Wheras  M'  Wiliam  Leuerich  hath  stood  somtime  jpsented  for 
changing  a  gun  with  an  Indian,  contrary  to  order,  and  was  by  the  said  order 
fined  the  summe  of  fifteen  pounds,  the  Court,  vpon  some  considerationes,  haue 
abated  fiue  pounds  therof,  soe  that  hee  is  now  to  pay  the  sum  of  ten  pounds. 

Twenty  four  shillings  is  allowed  to  Tho  Bui-gis  for  bringing  horses  from 
Sandwidge  for  the  countreyes  vse. 

The  summe  of  four  pound  is  receiued  from  Barnstable  on  the  account  for 
the  charge  of  the  expedition  against  Ninnegrett,  the  Nianticke  sachem. 

Att  this  Court,  a  jury  was  appointed  to  giue  meeting  to  M'  John  Alden, 
Asistant,  on  the  IS""  day  of  this  ^sent  June,  att  the  house  of  M'  Arther 
Howland,  att  the  South  Riuer,  by  the  said  M'  Alden  to  bee  impanneled  to  lay 
outt  or  deuide  the  lands  of  the  said  Arther  Howland  and  Tho  Chillingsworth, 
deceased,  according  to  theire  best  euidence. 

Theire  names  are  as  foUoweth :  — 

M"^  Anthony  Eames,  Christopher  Wadsworth, 

Tho  Bird,  Gorg  Soule, 

Josepth  Andrews,  Constant  Southworth, 

Leiftenant  Torry,  Gorge  Eussell, 

Ensigne  Williams,  John  Russell, 

Seijeant  Johnson,  John  Hallott. 

P'sentedbythe  Wee  p^sent  Timothy  Halway,  of  Tarmton,  for  his   euill  carriage  vnto 

^*°  dcMeT'  •^®*'^^  Pitts,  tending  vnto  the  breach  of  the  peace ;  that  is  to  say,  that  if  Peter 
with  amonis-     Pitts  did  stirr  to  driue  the  oxen  which  then  hee  had  in  his  possesion,  goeing 

fiion. 

to  worke,  that  hee,  that  is,  the  aforsd  Timothy,  would  strike  Peter  downe, 
haueing  a  pitchforke  in  his  hand,  although  hee  should  bee  psently  hanged 
for  it. 
[101.]  *Ordered  by  the  Court,  that  it  bee  signifyed  to  the  towne  of  Scittuate 

that  they  take  som  speedy  course  to  run  the  Hne  between  the  pond  and  the 
head  of  Indian  Head  Eiuer  and  Accord  Pond ;  or  otherwise,  if  they  neglect 
the  same,  and  the  Court  doe  graunt  land,  and  it  bee  found  prejudiciall  to 
them,  they  may  blam  themselues. 

Ordered,  that  the  fine  of  ten  pound  vpon  M'  Leueridge  bee  appointed  to 
satisfy  for  horshier,  and  it  to  bee  brought  to  Plymouth,  and  deliuered  to  such 
a  pson  as  the  Treasurer  shall  appoint. 


3  June. 
[Bkadpokd, 


COURT    ORDERS.  103 

Att  tliis  Court,  Wiliam  Hailstone  was  required  to  make  pairaent  of  the  1656. 
summe  of  15^^,  for  the  paiment  wherof  there  was  formerly  a  judgment  passed 
on  the  said  Hailstone  to  pay  the  said  summe  vnto  Jonathan  Briggs,  which 
hath  been  neglected ;  and  incase  the  said  Hailstone  doe  not  forthwith,  on  his  Governoe.] 
returne  home,  make  paiment  therof,  the  cunstable  of  Taunton  hath  order  to 
attach  soe  much  as  will  satisfy  the  said  summe ;  or  incase  hee  can  not  find 
either  lands,  goods,  or  chattels  to  the  valine  therof,  hee  is  required  by  the  said 
warrants  to  attach  his  pson,  and  by  sufficient  surties  to  keep  him  safely,  soe  as 
hee  may  appeer  att  the  adjournment  of  this  Court  to  bee  holden  att  Plymouth 
aforsaid  the  first  Tusday  in  July  next,  to  answare  for  his  said  neglect. 

Att  this  Court,  Ralph  Chapman  complained  that  hee  could  noe  longer 
keep  the  ferry  att  the  North  Eiuer ;  and  that  if  hee  should  bee  constrained  to 
keep  it,  that  it  would  briag  him  to  extreme  pouerty  and  missery.  The  Court 
haue  therefore  fireed  him  therof,  Tnlesse  att  som  speciall  times,  as  Court  times 
or  the  like ;  then  hee  engageth  to  fetch  the  majestrates  liueiag  att  Scittuate 
ouer,  if  they  shall  require  it. 

A  Receipt  appointed  to  bee  recorded. 

1656.  Receiued,  this  29"^  of  Aprill,  of  Stephen  Paine,  cunstable  of 
Rehoboth,  seauenty  nine  bushells  of  wheat,  att  4  shillings  p  bushell,  and  comes 
to  fifteen  pounds  sixteen  shillings,  and  is  for  theire  countrey  rate,  vizj,  for 
theire  proportion  for  the  expedition  against  Ninnegrett,  six  pounds  14*  2^,  to 
bee  consigned  to  M'  Lake,  of  Boston ;  and  for  the  majestrates  table  for  the 
GoQ  account  3"  6"*  more ;  to  the  head  marshall  theire  pportion,  which  is  six 
pound  one  shilHng,  to  bee  answared  to  M'  John  Webb,  of  Boston;  I  say, 
receiued  as  aboue  the  summes  aboue  expressed,  the  day  and  yeare  as  aboue. 

Witnesse  my  hand,  THOMAS   WILLETT. 


*^tt  the  2^^  Session  of  the  Generall  Court,  held  att  Plymouth  the      sjuiy. 

3'  of  July,  1656.  [*102.] 

Befoke  Wiliam  Bradford,  GoS,  John  Alden,  and 

Wiliam  CoUyare,  James  Cudworth, 

Timothy  Hatherley, 

Of  this  graimt 
iVslStantS.  see  more  in  this 

booke,  in  the 

THE  Court  haue  graunted  vnto  M""  Timothy  Hatherley  a  tract  of  land,  to  passages  of 
_  _  June  Court, 

begin  att  Accord  Pond,  on  the  souther  side  of  the  line,  and  to  run  lesi. 


104  PLYMOUTH    COLONY    KECORDS. 

1656.     three  miles  southerly  towards  the  Indian  Head  Pond,  and  to  bee  layed  out 
'       ''        '    three  miles  square. 

rBEADFOHD  Wheras,  att  March  Court  last  past,  'Wiliam  CoUyare,  M'  John  Alden, 

GovEENou.]  Cap?  James  Cudworth,  M"^  Josias  Winslow,  Seni"",  and  Thomas  Clarke  were 
requested  by  the  Court  to  goe  to  Cap?  Standish  to  examine  and  pfect  the 
accounts  betwixt  Cap!  Standish  and  the  countrey ;  accordingly  the  said  M' 
Alden,  Cap?  Cudworth,  and  Josias  Winslow  mett  att  the  day  appointed ;  and 
the  other  two  not  appeering,  they,  the  said  M'  Alden,  Cap?  Cudworth,  and 
Josias  Winslow,  examined  the  said  accounts  from  the  yeare  1653  to  that  f  sent 
time,  which  said  account,  being  examined  as  aforsaid,  is  now  brought  and 
f>sented  to  the  Generall  Com-t  held  att  Plymouth  the  4"^  of  July,  1656,  vnto 
which  said  account  was  aded  the  account  of  Henery  Draitons  goods,  as  alsoe 
two  pounds  eighteen  shillings  and  sixpence  payed  vnto  Cap?  Standish  by  M' 
Paddy,  together  with  two  barrells  of  oyle  receiued  and  desposed  of  by  the  said 
Cap?  Standish  for  his  owne  vse ;  the  finall  result  of  all  which  accounts  is, 
that  the  said  Cap?  Standish  is  debtor  vnto  the  countrey  fifteen  pounds  or 
therabouts ;  and  wheras  Cap?  Standish,  as  being  Treasurer  for  the  countrey, 
hath  receiued  noe  allowance  for  sallary  for  the  two  yeares  last  past,  in  consid- 
eration wherof  the  Court  did  freely  allow  the  said  fifteen  pounds  vnto  the  said 
Cap?  Standish,  all  accounts  being  cleared  betwixt  Cap?  Standish  and  the  coun- 
trey from  the  begining  of  the  world  to  this  day ;  furthermore,  att  the  same 
time,  att  the  motion  of  the  GoQ,  with  the  free  concent  of  the  whole  Court,  the 
two  barrells  of  oyle  in  the  hands  of  M'  Alden,  were  freely  giuen  vnto  the  said 
Cap?  Standish  as  a  gratuitie  from  the  countrey. 

Robert  Abell  is  allowed  by  the  Court  to  keep  an  ordinary  att  Re- 
hoboth. 

The  Court  haue  appointed  and  deputed  M''  Josepth  Pecke  to  adminnester 
marriage  att  Eehoboth;  and  the  said  M'  Peck,  M"^  Stephen  Payne,  and 
Richard  Bowen  are  appointed  and  authorised  to  heare  and  determine  all  con- 
trouersies  there  betwixt  any,  soe  as  it  amount  not  to  aboue  the  valine  of  three 
pounds,  libertie  being  left  to  any  [to]  make  theire  appeall  to  the  Court  of 
Plymouth,  if  theire  shalbee  reason. 

The  Court  haue  giuen  liberty  vnto  James  Skifie  to  purchase  the  land 
graunted  to  him  att  Mannomett  of  the  Indians  there  ;  and  incase  there  shal- 
bee a  smale  matter  of  land  more  lying  next  to  that  alreddy  graunted  him,  the 
Court  haue  graunted  him  Hberty  to  purchase  it  likwise,  and  to  haue  it  as  his 
owne  for  euer,  to  him  and  his  heires  foreuer. 

[*103.]  *An  agreement  made  the  eighteenth  of  June,  1656,  between  M'  Arther 


COURT    ORDERS,  105 

Howland  and  Thomas  Dogged,  both  of  Marshfeild,  made  before  M'  John     1656. 

Alden  and  Cap?  Cudworth,  Asistants,  and  the  jury  that  were  appointed  by    "       > ' 

the  Court  to  deuide  the  land  in  controuersye,  confeirmin"  the  deuission  of  the    ,„     "  ^' 

•'  "  [Bkadfokd, 

vpland  and  meddow  land  of  M"^  Arther  Howland,  and  the  land  of  the  heires    Governor.] 

of  Thomas  Chillingsworth,  deceased,  in  mannor  as  followeth,  vizj :  They  doe 

heerby  agree  that  M'  Arther  Rowlands  marsh  and  the  marsh  of  the  heires  of 

Thomas  Chillingsworth  shall  devide  where  the  fence  now  stands,  from  the 

vpland  to  a  little  creeke,  and  soe  as  that  creeke  runs  into  the  South  Riuer, 

which  said  creeke  is  the  first  creeke  that  lyeth  easterly  from  a  great  rocke 

lying  in  the  meddow. 

It  is  further  agreed  by  them,  that  the  vpland  shall  deuide  att  a  marked 

oake  that  standeth  on  the  north  side  of  the  cart  way,  and  soe  from  that  tree 

to  nm  vpon  a  norwest  and  southeast  line.     It  is  likewise  agreed  by  them,  that 

this  theire  agreement  shalbee  recorded  in  Court ;  in  witnesse  wherof  the  said 

M"^  Arther  Howland  and  Thomas  Dogged  haue  heerunto  sett  theire  hands  the 

day  and  yeare  abouewritten. 

ARTHER  HOWLAND, 

THOMAS   DOGED, 

his  T  marke. 

« 

To  the  honored  Gouernor  and  the  rest  of  the  body  of  the  honered  Court  att 
Court  att  Plymouth,  the  returne  of  the  fulfilling  of  the  attachment  about 
Willam  Hailstone  and  Jonathan  Briggs,  both  of  Taunton. 

I,  Jonathan  Briggs,  doe  most  thankfully  certify,  that  I  haue  receiued  full 

satis&ction  of  Wiliam  Hailstone,  of  the  summe  of  fifteen  pounds,  which  was 

awarded  to  mee  by  you,  to  bee  paied  vnto  mee  by  the  said  Willam  Hailstone 

for  his  neglect  and  wrong  don  to  mee  in  not  instructing  mee  in  the  mistery 

of  a  tayler,  according  to  his  engagement ;  and  heerunto  I  haue  sett  my  hand, 

June  21,  1656. 

The  marke  of  /  ")  JONATHAN   BRIGGS. 

Witnesses  heerunto. 

James  Wiatt, 

Francis       Cunstable 
P 
Smith,        of  Taunton, 

John  Tisdall, 

John  Deane. 

*The  Court  doe  allow  vnto  W  Thomas  Prence,  for  his  goeing  vnto  Ken-      [*104.] 
nebecke  in  the  behalfe  of  the  countrey  to  settle  the  goflment  there,  a  smale 
vou  III.  14 


106  PLYMOUTH    COLONY    RECOKDS. 

1656.      gratuitie  of  the  summe  of  six  pounds,  to  bee  paied  either  in  that  which  is  due 
'  to  the  countrey  from  Kennebecke,  or  in  oyle  due  to  the  countrey,  acknowl- 

3  July.  . ,    .        . 

rBRADFORD     ^"^S^^S  ^*  *°  little ;  but  in  regard  of  the  low  estate  of  the  countrey,  and  the 
GovEENOB.]    many  charges  on  the  same,  they  request  him  to  accept  it ;  and  incase  hee  shall 
not  judge  it  sufficient,  they  are  willing  to  inlarge. 

Fifty  acars  of  land  is  graunted  to  Robert  Studson,  aded  to  twenty  acres 
which  hee  hath  bought,  which  was  James  Dauis  his  land,  for  which  the  said 
Robert  Studson  shewed  a  deed  in  Court ;  the  said  fifty  acars  of  land  to  lye 
to  the  seaward  of  Plymouth  Path,  towards  the  Indian  Head  Riuer,  incase  it  bee 
found  not  to  intrench  on  any  former  graunts  ;  and  incase  it  shalbee  soe  found 
to  doe,  then  to  haue  it  in  som  other  conuenient  place  where  hee  shall  find  it. 

Wheras  there  hath  been  complaint  made  from  time  to  time,l>y  the  naigh- 
boring  Indians  on  the  towne  of  Rehoboth,  of  great  and  unsufferable  wronges 
don  in  theire  corn  by  the  horses  and  other  cattle  of  the  inhabitants  of  Reho- 
both aforsaid,  and  that  we  are  informed  that  the  fences  between  the  English 
and  Indians  there  are  in  a  good  measiu'e  finished ;  but  wheras  notwithstand- 
ing, by  the  reason  that  many  horses  and  other  cattle  haue  been  wonted  to  goe 
into  the  Indians  corn,  wherby  noe  reasonable  fence  will  keep  them  out,  as 
alsoe  the  horses  and  other  cattle  being  apte  to  swime  through  the  water  to  the 
said  corne,  where  noe  fence  can  bee  sett  vp,  the  Court  haue  ordered,  that  if 
the  horses  or  other  cattle  shall  breake  in  oil  way  or  other  and  treaspase  the  said 
Indians,  then  they  haue  heerby  liberty  to  diiue  any  such  horses  or  other  cattle 
soe  treaspasing  to  Rehoboth  towns  pound,  and  shall  demaund  of  the  owners  of 
such  horses  or  other  cattle  six  pence  a  peece,  sucking  foales  excepted ;  and 
for  such  treaspas  as  shalbee  don,  the  said  Indians  treaspased  shall  take  two 
English  men  of  Rehoboth  to  judge  theire  dammage,  and  the  owners  of  the 
said  horses  or  other  cattle  shalbee  lyable  to  make  good  the  same. 

Thomas  Clarke  engageth  to  lend  vnto  the  countrey  soe  much  wheat  as 
will  satisfy  a  debt  of  fiue  pounds  to  those  that  haue  wrought  about  Joanses 
Riuer  bridge ;  and  incase  hee  soe  doe,  hee  is  to  bee  paied  by  the  Treasui'er 
som  time  in  March  next,  incase  hee  receiue  it  of  the  countrey. 

Ordered,  that  for  this  ^sent  yeare  the  rates  of  Duxburrow,  Bridgwater, 
and  Marshfeild  bee  paied  to  the  cheife  marshall,  the  one  halfe  in  wheat,  and 
the  other  halfe  in  Indian  corn. 

The  Court  haue  ordered,  that  for  this  g>sent  yeare  that  the  towne  of 
Bridgwater  is  to  beare  one  pte  of  three  with  Duxburrow  of  theire  proportions 
of  the  countrey  rates  for  the  officers  wages  and  other  publicke  charges. 

Isacke  Bucke  his  fine  of  twenty  shillings  is  remited  by  the  Coui-t. 
[*105.]  *Att  this  Coui-t,  the  cotnittees  of  the  seuerall  townships  were  required  to 


3  July. 
Bradford, 


COURT    ORDERS.  107 

expresse  themselues  pticularly  wliether  they  would  agree  vnto  that  which  hath      1656. 
been   don  in  letting  of  the  trad  att   Kennebecke  according  to  the  tearmes 
agreed  by  the  pties  that  haue  lett  itt  to  the  pteners,  as  is  expressed  in  deed 
drawne  vp  for  that  purpose,  to  which  they  haue  giuen  a  generall  concent  in         CJ°6- 
the  behalfe  of  theire  townships  respectiuely. 

The  Treasurer  is  appointed  in  the  behalfe  of  the  countrey  annually  to 
receiue  the  pay  for  the  rent  of  the  trad  att  Kennebecke  for  euery  of  the  seauen 
yeai-es. 

It  is  ordered  by  the  Court,  that  any  one  that  for  the  fatui-e  shalbee 
Psented  to  the  Cotut  for  any  fact  on  the  testimony  of  one  wittnesse,  although 
vpon  oath,  shall  not  bee  for  the  same  condemned  without  a  cecond  witnesse  or 
concurring  cercomstances. 

*Att  the  Generall  Court  holden  att  Plymouth  the  third  day  of  June,  anno  [*106.] 
1656,  three  hundred  acres  of  vpland  is  graunted  by  the  Court  vnto  Captaine 
Myles  Standish,  with  a  competencye  of  meddow  to  such  a  proportion  of 
vpland  lying  and  being  att  Satuckquett  Pond,  prouided  it  come  not  within  the 
Courts  graunt  of  Bridgwater ;  the  said  three  hundred  acres  of  vpland,  with  a 
competency  of  meddow  to  such  a  proportion,  with  all  and  singulare  the  appur- 
tenances and  priuilidges  belonging  therunto  to  appertaine  only  to  the  proper 
vse  and  behoofe  of  him,  the  said  Capt  Myles  Standish,  his  heires  and  assignes, 
for  euer. 

Att  this  Court,  Wiliam  Hailstone,  of  Taunton,  prefered  a  petition  to  the 

Court,  therin  requesting  to  haue  a  review  of  the  case  betwixt  Jonathan  Briggs 

and  himselfe  concerning  the  complaint  of  the  said  Briggs  against  the  said 

Hailstone  for  not  learning  him  the  trade  of  a  tayler,  according  to  couenant. 

The  Court,  upon  pusall  of  the  said  petition,  not  seeing  sufficient  reason  to 

admitt  therof,  yett  notwithstanding,  to  prevent  clamors,  gaue  way  thervnto, 

which  being  tendered  vnto  him,  hee  declined  it,  and  could  not  review  the  said 

case. 

September  the  17'^  1656. 

I,  Jonathan  Briggs,  of  Taunton,  for  diuers  reasons  and  considerations 
mouing  mee  therunto,  haue  made  choise  of  M""  Thomas  Prence,  of  Eastham, 
in  the  jurisdiction  of  New  Plymouth,  to  bee  my  guardian  vntill  I  come  to  the 
age  of  twenty  one  yeares.  This  was  done  before  Wiliam  Bradford,  GoS,  the 
day  and  yeare  aboue  written. 


108 


PLYMOUTH    COLONY    RECOKDS. 


1656. 

5  October. 
[Bradpokd, 
governob.] 

[*107.] 


*Att  the  Generall  Court   holden  att  JVew  Plymmith  the  fift  of 

October,  1656. 

Befoke  Wiliam  Bradford,  GoQ,  Timothy  Hatherley, 

Thomas  Prence,  John  Alden,  and 

Wiliam  ColHare,  James  Cudworth, 

Assistants,  &&. 

WILEAM  BAESTOW;  of  Scittuate,  couenanteth  and  ingageth  to  make 
a  good  and  sufficient  bridge  ouer  the  North  Riuer,  a  little  aboue  the 
third  herring  brook,  att  a  place  called  Stoney  Reach,  being  the  place  wher 
now  passengers  goe  frequently  ouer,  the  said  bridge  to  bee  made  sufficient  for 
horse  and  foott ;  and  hee  is  to  lay  out,  and  clear,  and  marke  a  way  from,  the 
said  bridge  towards  the  bay  as  far  as  Hughes  Crosse,  and  to  open,  and  cleare, 
and  marke  a  way  along  beyand  Hughes  Crosse  towards  the  bay,  soe  as  to 
avoid  a  certaine  rocky  hill  and  swamp ;  and  for  the  true  pformance  of  all  the 
said  pticulars,  the  said  Wiliam  Barstow  is  to  bee  paied  by  the  Treasurer  in 
the  behalfe  of  the  countrey  the  summe  of  twelue  pounds  in  currant  coUn- 
trey  pay. 

In  the  controversy  betwixt  M"^  Tho  Dexter,  Seni"",  and  some  of  his  naigh- 
bors  of  the  towne  of  Barnstable,  about  a  hieway,  the  Court  haue  appointed  and 
requested  M"^  Prence  and  Cap?  Cudworth  to  take  a  view  of  the  place  in  contro- 
versy in  which  the  way  aforsaid  is  desired  to  bee,  and  incase  they  can,  to  put 
it  to  an  end ;  but  if  they  can  not,  to  make  report  vnto  the  Court  of  the  state 
of  the  matter. 

tres  of  adminnestration  are  graunted  vnto  Joanna  Kemton,  to  adminnes- 
ter  vpon  the  estate  of  Ephraim  Kemton,  deceased. 

tres  of  adminnestration  are  graunted  vnto  Bathsheba  Pratt,  to  adminnes- 
ter  on  the  estate  of  Joshua  Pratt,  deceased. 

Ouer  and  aboue  the  ordinary  rates  for  the  officers  wages,  &(3,  there  is 
seuenteen  pounds  and  fi.ue  shillings  due  as  our  coUonies  proportion  of  what  is 
engaged  vnto  Captaine  Younge  for  his  sallary,  whoe  was  hiered  by  the  cofiiis- 
sioners  of  the  Vnited  CoUonies  for  a  certaine  time  frequently  to  sayle  betwixt 
Longe  Hand  and  the  maine. 

And  the  sume  of  twenty  pound,  due  for  the  hier  of  a  gaurd  for  the 
comissioners  att  theire  last  meeting  att  Plymouth. 


[*108.] 


*Wee,   whose    names    are   vnderwritten,  being    summoned   by  Wiliam 


COURT    ORDERS. 


109 


Bradford,  GoQ  of  Plymouth,  as  a  quest  of  enquiry  to  enquire  of  the  sudden      16  56. 
death  of  Titus  Waymouth,  doe  testify  as  foUoweth  :  —  ' 

5  October. 

Haueing  viewed  the  dead  body  of  the  said  Titus  Waymouth,  and  finding    rBg^jjpoKD 
neither  woimd,  or  bruise,  or  other  thing  which  might  cause  his  death,  onely    Goteenor.] 
that,  as  is  testifyed,  hee  haueing  been  a  man  oftens  troubled  with  stopings, 
together  with  drinking  of  cyder,  wee  conceiue  might  bee  the  cause  of  his 
sudden  death. 

Subscribed  with  our  hands  the  17*  of  October,  1656. 

JOHN   JOURDAINE, 
JOHN  WOOD, 
SAMUELL   DUNHAM, 
GYLES    EICKAED,  Seni', 


GABRIELL  FALLOWELL,  ) 

his     /    marke. 
EDMOND   TILSON, 
THOMAS  WHITNEY, 

his  T  marke. 
THOMAS   POPE, 
JOHN   MORTON, 
SAMUELL   HICKES, 


>  sworne.   < 


WILLAM   SHIRTLEY, 
JOHN   SMITH, 
^V3  his  marke. 


The  pticulars  of  what  was  found  to  bislong  to  the  said  Titus  Waymouth  att 
his  death,  viz,^,  in  Plymouth. 

•^  11        s         a 

I?,  from  Samuell  Mayo  for  wages  due, 04  :  16  :  00 

It,  a  suit  of  clothes  vallued  att 01  :  10  :  00 

n,ahatt, 00:10:00 

11,  a  compasse  diaU, 00  :  05  :  00 

K,  a  hoUand  shirt, 00:07:00 


The  charges  for  his  buriall. 

n,  for  a  winding  sheett,  5  yards  of  lockorum  &  thrid, 

n,  for  a  coffin, 

n,  for  digging  the  graue, 

I?,  to  the  clarke  of  the  Court, 

K,  to  the  charges  of  the  ordinary,       .     .     . 
n,  paied  in  money  to  him  of  his  wages,  .     . 


07  :  08  :  00 

08:05 
00  :  08  :  00 
00  :  03  :  00 
00  :  02  :  06 
00  :  12  :  00 
00  :  12  :  00 


02:03:  11 


05  :  04  :  00 


Remaines  due  to  the  heires  of  the  said  Titus  Way- 
mouth, to  bee  paied  by  Samuell  Mayo,     .... 
There  is  due  alsoe,  which  was  forgotten,  in  money,    .      00  :  01 :  00 


PLYMOUTH    COLONY    RECORDS. 

And  wheras  reports  passed  that  hee,  the  said  Titus  Waymouth,  had  a 
chist  and  other  thinges  att  Boston  wherein  possibly  sofa  writings  might  bee 
which  might  bee  vsefull  for  the  demaunding  of  some  debts,  which,  as  is  said, 
^°''-        is  due  to  him  in  Verginnia,  a  letter  was  directed  to  the  goQment  of  the  Massa- 
chusetts to  take  such  course  about  the  ^misses  as  they  should  judge  meet. 


5  October. 
Bkadfokd, 


3  February.      *j[ff  ff^g  Qgy^^f  g^  Asistauts  holdeu  att  JVcw  Plymouth   the  3^  of 
t*^0^-]  Febrmry,  1656. 

Before  Wiliam  Bradford,  GoQ,  and 

Wiliam  CoUyare  and  Thomas  Willett, 
Asistants,  &d. 

IN  a  controversy  betwixt  Thomas  Lucas  and  the  widdow  Dotey  about  rec- 
onings  betwixt  them,  the  said  Lucas  is  to  pay  to  the  widdow  Dotey  3', 
and  soe  the  controversy  is  ended. 

Concerninge  the  controversye  betwixt  Francis  BilUngton  and  Edward 
Gray  about  two  iron  wedges,  the  Court,  haueing  heard  the  vtmost  that  could 
bee  said  about  it,  found  a  cupple  of  wedges,  which  the  said  Billington  layed 
claime  to,  to  bee  his,  and  ordered  they  should  bee  deliuered  to  him,  vizj,  a  wedge 
with  a  marke  or  hole  on  each  side,  which  came  by  the  hammering  of  it  acce- 
dentally,  and  the  other  a  smale  entering  wedge,  which  was  found  behind  M'" 
Attwoods  house. 

In  the  controversye  betwixt  Francis  Billington  and  Wiliam  Browne 
about  some  wages  hee  claimed  for  his  son  Joseph,  whoe  was  hiered  by  the 
said  Browne  for  a  month  to  sayle  with  him,  the  Court  haue  ordered  that  the 
said  Browne  shall  pay  vnto  the  said  Billington  4',  to  bee  aded  to  4  dales 
workes  hee  oweth  the  said  Browne  for  alreddy,  and  soe  the  controvercye  is 
ended. 

Att  this  Court,  the  cunstable  of  Taunton  brought  a  certaine  Scote,  a 
single  man,  and  an  Irish  woman  named  Katheren  Aimes,  whome  hee  had 
apprehended  vpon  suspision  of  coinitiug  adultery  each  with  other ;  but  the 
Court,  haueing  examined  them,  could  not  proceed  to  punish  them  for  want 
of  clearer  euidence ;  but  haueing  intelligence  that  sundry  in  Taunton  could 
giue  euidence  in  the  case,  whoe  were  not  p>sent,  the  Court  cornited  the  said 
man.  and  woman  to  the  custidy  of  the  marshals  vntill  the  next  Court,  and 


COURT   OEDEKS.  HI 

summoned  in  the  wittnesses  to  appeer  att  the  said  Couit,  vizj,  Alexander  165  6-7. 
Aines,  John  Muckclay-j  Daniell  Muckeney,  Scotsmen,  and  a  certaine  Irish  "  ''  ' 
■woman  named  Elizabeth ;  her  other  name  non  psent  doe  know.  rBBADFoiiD 

Att  this  Com-t,  complaint  was  made  against  Jane,  the  wife  of  Wiliam  Goveunou.] 
Launder,  of  Sandwidg,  and  Sarah,  the  daughter  of  Eichard  Kerbey,  for  des- 
turbance  by  them  made  in  the  publicke  worship  of  God  on  the  Lords  day  att 
Sandwidge,  by  opposing  and  abusing  the  speaker  amongst  them,  whervpon  the 
said  pties  were  summoned  to  appeer  att  the  next  Court  to  answare  for  their 
said  misdemeanor. 

Att  this  Court,  complaint  was  made  that  Nicolas  Vpsiall,  and  Richard 
Kerbey,  and  the  wife  of  John  Newland,  &  others,  did  frequently  meet 
together  att  the  house  of  "Wiliam  AUin,  att  Sandwich,  on  the  Lords  day,  and 
att  other  times,  att  which  meetings  they  vsed  to  invey  against  minnesters  and 
majestrates,  to  the  dishoner  of  God  and  contempt  of  goQment ;  the  Court  haue 
therfore  directed  sommons  to  the  cunstable  of  Sandwich  to  require  the  said 
Wiliam  Allin,  Richard  Kerbey,  and  the  wife  of  John  Newland  psonallyto 
appeer  att  the  next  Generall  Court,  to  answare  for  the  said  misdemeanors  ; 
and  the  said  Nicolas  Vpsiall  being  onely  lycenced  by  the  Court  formerly  to 
stay  att  Sandwidge  vntell  the  extremitie  of  winter  is  ouer,  is  by  spetiall  order 
now  warned  to  depart  the  goQment  by  the  first  of  March  next ;  and  Trustrum 
Hull,  whoe  brought  him  into  the  goQment,  is,  according  to  order,  required  to 
carry  him  away  againe  by  the  time  beforementioned. 


*Mt  the  Generall  Court  holden  att  Pli/mouth  the  fift  Day  of  March,     ^  March. 

Anno  1656.  [*110.] 

The  Goii""  viiis 
sicke  att  this 

Before  Wiliam  CoUyare,  John  Alden,  and  Court. 

Timothy  Hatherley,  Thomas  Willett, 

Assistants,  &6. 

A  TT  this  Court,  Wiliam  Paule,  Scotchman,  for  his  vnclean  and  filthy 
im  behauiour  with  the  wife  of  Alexander  Aines,  is  centanced  by  the  Court 
to  bee  forthwith  publickly  whipt,  and  and  to  paye  the  officers  the  charges  of 
his  imprisonment  and  punishment,  which  accordingly  was  pformed. 

Att  this  Cour,  Katheren  Aines,  for  her  vnclean  and  laciuiouse  behauior 
with  the  abouesaid  Wiliam  Paule,  and  for  the  blasphemes  words  that  shee 


112  PLYMOUTH    COLONY    KECOKDS. 

165  6-7.  hath  spoken,  is  centanced  by  the  Court  to  bee  forthwith  publickly  ■whipt  heer 
"''"~^'  '  att  Plymouth,  and  afterwards  att  Taunton,  on  a  pubhcke  training  day,  and  to 
r-a  '      were  a  Koman  B  cutt  out  of  ridd  cloth  and  sowed  to  her  vper  garment  on  her 

GovERNOK.]    right  arme  ;  and  if  shee  shalbee  euer  found  without  it  soe  wome  whil  shee  is 
in  the  goQment,  to  bee  forthwith  publickly  whipt. 

Alexander  Anis,  for  his  leaueing  his  family,  and  exposing  his  wife  to 
such  temtations,  and  being  as  baud  to  her  therin,  is  centanced  by  the  Court 
for  the  p>sent  to  sitt  in  the  stockes  the  time  the  said  Paule  and  Katheren  Ainis 
are  whipt,  which  was  pformed ;  and  the  said  Alexander  Anis  is  to  pay  the 
charges  of  his  wifes  imprisonment  and  punishment,  which  said  charge,  in 
regard  the  said  Anis  is  very  poor,  is  to  pay  it  by  twelue  pence  p  weeke 
vntill  it  is  all  payed  ;  and  James  "Walker,  of  Taunton,  is  appointed  to  recieue 
it  in  the  countreyes  behalfe. 
"Wiliam  AUin  Wiliam  Allin  oweth  vnto  his  highnes  the  Lord  Protector  the    \ 

cleared  of  his  /•  f  <i\) 

bonds.  s^xmme  of J 

The  condition,  that  if  the  said  "Wiliam  Allin  shall  appeer  att  the  Generall 
Court  to  bee  holden  att  Plymouth  the  first  Thursday  in  June  next,  and  bee 
reddy  to  make  answare  for  his  allowance  of  a  meeting  in  his  house  tending  to 
desturbance,  and  in  the  mean  time  shall  not  allow  of  any  such  meetings  in  his 
house  as  hee  hath  don,  but  shall  hinder  the  same,  and  not  depart  the  said 
Court  without  lycence  ;  that  then,  Sid. 

Sarah  Kerbey,  for  her  desturbance  of  the  publicke  worship  of  God,  after 
admonision  and  centance  formerly  giuen  against  her,  which  was,  to  bee 
publickly  whipt,  is  now  ordered  to  bee  pformed,  and  soe  accordingly  was 
exeq^uted. 

Jane,  the  wife  of  Wiliam  Launder,  for  the  like  offence,  vizj,  desturbing 
the  publicke  worship  of  God  on  the  Lords  day,  att  Sandwich,  is  centanced  to 
bee  pviblickly  whipt,  ouely  the  execution  therof  is  respeted,  that  incase  shee 
shalbee  warned  by  the  fsent  centance  and  admonision  to  offend  noe  more  in 
this  kind,  that  then  the  said  punishment  not  to  bee  inflected,  or  otherwise  to 
bee  executed. 
[*111.]  *"Whcras  the  summe  of  six  pound  and  nine  pence  rest  due  vpon  account 

vnto  Constant  Southworth,  for  charges  expended  by  him  in  mending  the 
bridge  att  Joaneses  Riuer,  and  because  hee  hath  been  att  trouble  and  charges 
in  staying  for  his  pay  and  spending  time  and  taking  paines  about  the  said 
bridge,  the  Court  doe  allow  him  for  the  same  the  summe  of  ninteen  shilling 
and  three  pence  to  make  vp  his  due  to  bee  the  summe  of  seauen  pounds,  pte 
wherof  to  bee  paied  in  three  barrells  of  oyle. 

The  Court,  haueing  viewed  a  petition  prefered  vnto  this  Court  by  John 


COURT    OKDERS.  113 

Palmer,  of  Scittuate,  therin  req[uesting  healp  from  the  Court  in  respect  vnto    165  6-7. 
som  disquietnes  in  the  injoyment  of  som  laiid  by  him  possessed  att  the  North    ""^      ^i 
Riuer,  supposed  to  bee  the  towne  of  Scittuates  commons,  haue  answared  that    r-BEADroED, 
they  conceiue  it  appertaineth  not  to  them  to  affoard  him  healp  in  the  case,  but    Governor.] 
rather  the  towne  of  Scittuate,  and  for  that  pui-pose  haue  directed  a  few  words 
in  writing  requesting  the  said  towne  to  take  his  case  into  consideration  with 
all  convenient  speed,  and  to  affoard  him  what  redresse  the  shall  see  reason 
for  about  the  g>mises. 

A  warrant  was  dii-ected  from  this  Court  vnto  M'  Anthony  Thacher,  of 
Yarmouth,  to  require  him  psonally  to  appeer  att  the  Court  of  Asistants  to 
bee  holden  in  May  next,  to  make  answare  to  a  complaint  of  Janna,  an  Indian 
sachem,  concerning  some  lands  formerly  belonging  to  him  in  the  liberties 
of  Yai-mouth,  which  were  purchased  of  him  by  M'  Thacher,  M'  Howes,  and, 
as  hee  saith,  vnpaied  for. 

An  attachment  layed  on  a  bullock  belonging  to  Anthony  "Wright,  att  the 
suite  of  Tho  Tupper,  is  respeted  untill  the  next  Generall  Court. 

A  warrant  was  directed  vnto  the  cunstable  of  Taunton,  requiring  him  to 
attach  soe  much  of  the  goods  or  chatties  of  Wiliam  Hailstone  within  his  liber- 
ties as  wiU  satisfy  the  cheife  marshall  the  summe  of  three  and  twenty  shiUinges, 
and  to  satisfy  the  law  against  lying,  wherin  the  said  Hailstone  is  found  faulty 
in  three  pticulars  in  a  petition  prefered  by  him  to  the  Com-t  in  June,  1656. 
The  sume  is  thirty  shillings  in  all 02"  13'  00. 

An  order  was  directed  from  the  Couit  to  John  Newland,  of  Sandwich,  in 
the  words  followinge  :  — 

John  Newland :  The  Court  being  informed  of  a  meeting  that  hath  tended 
to  the  desturbance  of  the  publicke  worship  of  God,  which  said  meeting  hath 
ben  kept  att  a  house  which  wee  are  informed  you  haue  an  interest  in,  these  are 
to  require  you,  that  for  the  future  (so  fare  as  you  haue  interest  in  the  said 
house)  that  you  suffer  noe  such  meeting  of  such  psons  att  youer  house  for 
such  ends  as  aforsaid,  either  on  the  Lords  day  or  att  other  times,  as  you  will 
answare  the  contrary  att  youer  pill. 

The  Courts  order.  P  me,         NATHANIELL   MOETON, 

Clarke  of  the  Court. 

A  warrant  was  directed  requiring  the  cunstables  of  Sandwidge  and  Bar- 
stable  from  one  to  another  to  convey  Nicholas  Vpsiall  to  Trustrum  Hull,  to 
bee  recaried  out  of  the  goQment. 

Memorand :  to  send  for  Elizabeth,  the  wife  of  John  Newland,  to  appeer 
att  the  next  Court. 

vol,.  III.  13 


114  PLYMOUTH    COLONY    KECORDS. 


16  5  7.     *Att  a   Court  of  jlsistants  kolden  att  Plymouth   the   4'^  of  May, 

i  May. 

GovERNoTl  Before  "Willam  CoUyare,  John  Alden,  and 

[*113.]  Timotliy  Hatherley,  James  Cudworth, 

Asistants,  &6. 


THE  Court  ordered  and  request  M"^  Hatherley  and  Cap?  Cudworth  to 
take  cecuryty  of  Abiaill,  the  wife  of  Wiliam  Hatch,  deceased,  in  the 
behalfe  of  Pheha  Hatch,  his  daughter,  for  the  paiment  and  makeing  good  of 
her  portion  giuen  her  by  her  said  deceased  father,  to  bee  deHuered  according 
to  his  will  extant. 

£ers  of  adminnestration  graunted  vnto  Manasses  Kemton  to  adminnester 
on  the  estate  of  Joanna  Kemton,  deceased,  with  liberty  left  that  incase  Thomas 
Rawlins  shall  thinke  good  to  joyne  with  him  therein,  hee  may  if  hee  please. 

M'  AUexander  Standish  and  M'  Josias  Standish  doe  accept  of  beeing 
exequitors  with  M"*  Barbery  Standish,  theire  mother,  on  the  estate  of  Captaine 
Myles  Standish,  deceased. 

Concerning  a  controvercye  betwixt  the  comittees  of  Yarmouth  and  Janno, 
an  Indian  sachem,  about  a  tract  of  land  which  the  said  Indian  saith  hee  neuer 
sold  vnto  the  said  comittes,  the  Court  haue  ordered,  that  att  June  Court  next 
they  then  will  depute  some  men  to  goe  to  the  said  land,  and  to  treat  and  con- 
clude with  the  said  Indian  about  the  same,  soe  as  to  put  a  finall  end  vnto  the 
said  controversye. 


sjune.         *Att  the  Court  of  Election  holden  att  Plymouth  the  8^  of  June, 
[*113-]  1657. 

Beeoke  Thomas  Prence,  John  Alden,  and 

Willam  CoUyare,  James  Cudworth, 

Timothy  Hatherley, 

Assistants,  &5. 

It/TK  THOMAS  PEENCE  was  chosen  GoQ,  and  sworne. 

^^  Wiliam  CoUyar,  Cap?  Thomas  WiUett, 

Timothy  Hatherley,  Cap?  James  Cudworth, 

John  Alden,  Cap?  Josias  Winslow, 

and  Leiftenant  Thomas  Southworth  were  chosen  Asistants,  and  sworne. 


COURT    ORDERS. 


115 


M"^  Thomas  Prence  and  Capl  James  Cudworth  were  chosen  comissioners.      1657. 
M'  John  Alden  was  chosen  Tresurer.  "       ^        ' 

3  June. 

rPltEN  CE 

Att  this  Court  the  whole  body  of  fireemen  psonally  appeered,  and  enacted   governok'.] 
Bimdry  lawes,  of  which  see  more  in  the  booke  of  lawes. 


The  Names  of  the  Deputies 

M'  Wiliam  Bradford, 
Eobert  Finney, 
Ephraim  ]Morton, 
Wlllam  Paybody, 
John  Rogers, 
Edward  Jenkens, 
John  Bryant, 
Tho  Tupper, 
James  Skiffe, 
Leiftenant  Wiatt, 
Richard  Wiliams, 


that  serued  att  this  Court. 

M"^  Edmond  Hawes, 
Tho  Palland, 
Anthony  Annable, 
John  Smith, 
M'  Anthony  Eames, 
M'  Stephen  Payne, 
Wiliam  Sabin, 
Nicalas  Snow, 
Richard  Higgens, 
John  WilHs. 


Daniell  Cole, 
Samuell  Ryder,  Seni', 
John  Hall, 
Wiliam  Crocker, 
John  Finney, 
John  Tisdall, 
John  Dean, 
Robert  Abell, 
John  Russell, 
Wiliam  Sherman, 
Jeremiah  Hatch, 
Mathew  Gannett, 


The  Grand  Enquest. 

Josepth  Alden, 
M'  Nicolas  Pecke, 
Lawrance  Willis, 
John  Smith, 
Wiliam  Spooner, 
Samuell  Dunham, 
John  Whiston, 
Benjamine  Bartlett, 
M'  John  Vincent, 
M'  Tho  Dexter,  Juni'. 


The  Names  of  such  as  refused  to  serue  on  the  Grand  Enquest. 
Henery  Howland, 
John  Tompson, 
Morise  Truant, 
Ralph  Allen,  Seni, 
Thomas  Greenfeild. 
James  Hamblen  was  sick,  and  could  not  serue. 


3  June. 

[Prence, 

Governor.] 

[*114.] 


Scittuate, 


sworn. 


PLYMOUTH    COLONY    KECORDS. 

*The  Names  of  the  Cunstables  of  the  seueral  Townes. 

Plymouth, "Wiliam  Nelson,  sworn. 

DuxbuiTow, Constant  Southworth,  sworn. 

(  Josepth  Wormall, ' 

[Henery  Ewell, 

Sandwidge, Wiliam  Bassett,  sworn  att  home. 

Taunton, Hezekiah  Hoare,  sworn. 

Yarmouth, Robert  Eldred,  sworn. 

Barnstable, Tho  Huckens,  sworn. 

rjohn  Howland, 

[John  Phillips, 
Eehoboth,     ...  .     .     "Wiliam  Buckland,  sworne. 

Eastham, Henery  Atkins,  sworn  att  home. 

Bridgwater, SamueU  Tomkins,  sworne. 


Marshfeild, 


sworne. 


Survayors  for  the  Highwayes. 

'  SamueU  Jeney, 


Plymouth, 

Duxburrow, 

Scittuate,  . 
Sandwidge, 
Taunton,  . 
Yarmouth, 
Barnstable, 
Marshfeild, 
Eehoboth, 
Eastham, . 
Bridgwater,  , 


.    Tho  Morton, 
Sargeant  Shaw. 
Moses  Simons, 
Francis  Sprague. 
Gorg  Pitcocke, 
Wiliam  Randall. 

{John  Jenkens, 
Edw  Perrey. 

Rich  Stacye, 

Jonas  Austine. 
J  Wiliam  Chase,  Seni', 
(  Rich  Tayler. 

M-^  Tho  Allen, 

SamueU  Hinckley. 
(  Wiliam  Foard, 
[  Tho  TUden. 
r  Phillip  Walker, 
[  Obadia  Bowen. 
'  Tho  Roberts, 

Maike  Snow. 
f  Arther  Harris, 
]  John  Haward. 


Frefelhen  amitted  this  Court, 

and  swoirfie. 

IIT 
165  7. 

Henery  Ewell, 

Gorge  Lewis, 

3  June. 

Josepth  Wormall, 

M'  Nicolas  Pecke, 

PeeiTce, 

Anthony  Slocom, 

Daniell  Smith, 

Gbe. 

Gorge  Eussell, 

Wiliam  Sabin, 

Nathaniell  Warren, 

John  AUin, 

Marke  Snow, 

Tho  Morton, 

Josepth  Wadsworth, 

Jonathan  Shaw, 

Eluerton  Crow, 

Jonathan  Dunham, 

John  Tracye, 

Josepth  Aldin, 

Timothy  Williamson, 

Jonathan  Aldin. 

Josepth  Howes, 

These  vnderwritten  tooke  the  oath  of  fidellitie  this  Court. 

Wiliam  Witherell,  Jonas  Austine, 

Robert  Eldred,  Jonathan  Briggs. 

*The  comitte  appointed  by  the  Court  to  review  the  lawes,  and  to  reduce  them      [*115.] 
to  such  order  as  they  may  conduce  to  the  benifitt  of  the  goflment. 

M'  Wiliam  CoUyare,  Cap?  James  Cudworth, 

M'  Timothy  Hatherley,  Cap?  Josias  Winslow. 

M'  John  Alden, 

These,  or  any  three  of  them,  are  to  meet  as  soon  as  conveniently  they 
can,  for  the  end  abouesaid. 

Leif  t  Southworth  was  alsoe  in  nomination,  and  his  healp  desired. 

M'  John  Alden  and  Leiftenant  Southworth  are  requested  and  appointed 
by  the  Court  to  goe  downe  to  Yarmouth  and  Barnstable,  and  to  sett  those  dif- 
ferences that  are  betwixt  the  Indians  and  them  att  rightes  according  to  theire 
best  abUlities. 

M'  Anthony  Eames  and  M'  Wiliam  Bradford  are  aded  by  the  Court  vnto 
the  majestrates  to  bee  a  counsell  of  warr,  and  soe  bee  and  remaine  vntill  the 
next  Election  Court,  and  then  to  bee  continued  or  otherwise  as  the  Court 
shall  see  reason;  the  said  counsell  of  warr,  for  theire  proceedings  and  acting 
in  affaires  of  that  kind,  to  haue  reference  vnto  thfe  orders  made  for  the  coun- 
sell of  warr  chosen  in  anno  1653. 

M'^  Thomas  Prence  was  chosen  and  apJ)ointed  to  bee  g>sedent  of  the  said 
counsell. 

Cap?  Cudworth,   Capt  Winslo-vi',  Leif?   Southworth,  and   M'  Wiliam 


118  PLYMOUTH    COLONY    RECORDS. 

1657.      Bradford  are  appointed  by  the  Court  to  take  the  account  of  the  Tresurer  for 
'    ^  the  yeare  last  past  in  the  behalfe  of  the  countrey. 

Pkenoe  '^^^  Court  haue  deputed  some  speciall  men  in  the  townes  of  Taunton, 

GoB.  Barnstable,  and  Rehoboth,  in  regard  of  theire  farr  distance  of  place  from  any 
majestrates,  to  adminnester  marriage,  and  to  adminnester  an  oth  to  giue  true 
testimony  and  information  to  the  grand  enquest,  and  likewise  in  his  highnes 
name  to  issue  forth  warrants  to  suppena  in  witnesses  to  giue  testimony  to  the 
Court  or  grand  enquest  in  such  cases. 
For  Taunton,  M''  Wiliam  Parker. 

For  Sandwich,  Yarmouth,  and  Barnstable,  M'  Tho  Hinckley. 
For  Rehoboth,  M'^  Josepth  Pecke,  Seni^ 

"Wiliam  Barstow  is  allowed  by  the  Coiurt  to  draw  and  sell  wine,  beer, 
and  stronge  waters  for  passengers  that  come  and  goe  ouer  the  bridg  hee  hath 
lately  made,  or  others  that  shall  haue  occation,  vnless  any  just  exception  shall 
come  in  against  him. 

[*116.]  *A  Testimony  of  M-^  Anthony  Thacher. 

I,  Anthony  Thacher,  doe  testify,  that  Cap?  Standish  accepted  of  one  cow, 
of  Barnard  Lumbard  in  the  summe  of  fine  pounds,  which  cow  the  said  Bar- 
nard promised  to  winter ;  and  the  captaine  promised  to  allow  him  for  it. 
This  I  can  testify  vpon  oath,  and,  if  I  bee  called,  shalbee  reddy  to  doe  it. 

ANTHONY   THACHER. 

Wheras  there  hath  been  a  defect,  and  is,  in  the  towne  of  Sandwich  in 
not  sending  sufficient  men  to  serue  on  the  grand  enquest,  this  Court  hath 
ordered,  that  notice  shalbee  giuen  them  forthwith,  that  they  are  to  provide  and 
send  two  sufficient  men  to  serue  on  the  grand  enquest  vnto  the  Court  to  bee 
holden  att  Plymouth  the  first  Tusday  in  October  next ;  and  incase  they  shall 
not,  that  then  the  Court  will  appoint  two  men  to  serue  in  that  place  out  of 
theire  towne,  and  that  theire  charge  shalbee  bourne  by  theire  towne  as  other 
comon  charges,  and  allow  them  two  shillings  &  six  pence  a  day,  to  bee  leuied 
by  rate  as  other  publicke  charges. 

In  answare  to  a  complaint  against  Robert  Croosman,  of  Taunton,  for 
wronging  an  apprentice  of  his,  the  Court  Jiaue  directed  an  order  vnto  the 
select  men  of  the  said  towne,  whoe  are  deputed  to  order  the  speciall  affaires 
therof,  to  take  course  about  the  same,  soe  as  the  said  Crosman  his  said  ser- 
vant bee  heard  in  any  just  complaint  and  releiued ;  but  incase  it  can  not  bee 
soe  issued,  that  both  m"^  and  servant  are  to  appeer  att  the  Court  of  Assistants 
to  bee  held  in  Plymouth  the  first  Tusday  in  August  next ;  and  for  that  end. 


COURT    ORDERS. 

incase  there  shalbee  nessesitie  to  make  vse  therof,  a  warrant  was  issued  forth 
requiring  the  cunstable  of  Taunton  to  warn  them  to  appeer  att  the  said  Court ; 

.  3  June. 

and  the  Court  haue  hkwise  sent  for  such  testimony  as  may  bee  produced  to      prence 
cleare  the  case.  "^oS. 

Wheras  there  is  a  complaint  made  by  a  seruant  belonging  to  M'  Thomas  An  order  sent 
Gilbert,  Juni"^,  that  hee  is  ill  vsed,  being  decriped,  and  is  in  want  of  competent  ^-^^^^  ^  ^    ^^ 
and  convenient  clothing,  &(3,  these  are  to  require  the  selectmen  deputed  by  M' Gilberts, 
the  towne  of  Taunton  to  order  the  speciall  affaires  therof  that  they  take  notice 
of  the  boyes  condition,  and  vse  theire  best  prudence  that  hee  may  bee  compe- 
tently prouided  for,  and  in  speciall  that  hee  bee  prouided  for  in  the  winter 
season  with  shooes  and  stockens,  and  likewise  to  warn  and  require  the  boy  to 
carry  towards  his  mistris  as  a  seruant  ought  to  doe,  with  all  due  respect  and 
obedienc  ;  and  incase  youer  indeauors  will  not  procure  a  redresse  in  the  ^mises, 
vpon  further  notice  giuen  vnto  vs  from  you  wee  shall  take  course  as  reason 
shall  require  ;  and  wee  likewise  desire  you  seriously  to  remember  that  some 
speedy  course  may  bee  taken  for  the  curing  of  the  boyes  foot,  being  in  danger 
of  perishing. 

By  order  of  the  Court.         P  mee,      NATHANIELL   MORTON, 

Clark. 

*In  answare  to  a  petition  prefered  to  the  Court  by  Nicolas  Jyde,  of  [*117.] 
Rehoboth,  requesting  earnestly,  that  wheras  hee  lyeth  vnder  a  fine  of  twenty 
fiue  pounds  for  selling  a  gun  to  an  Indian,  that  the  said  fine  might  bee  remited 
and  forgiuen,  pleading  his  inabillitie  to  pay  the  same,  the  Court  haue  ordered, 
that  incase  sundry  of  the  townsmen  of  Rehoboth  now  ^sent  in  Court  —  vizj, 
M''  Payne  and  others  —  shall  pay,  or  cause  to  bee  payed,  the  sume  of  fiue 
pounds  in  good  wampam,  in  the  behalfe  of  the  countrey,  vnto  M'  Paddy,  att 
Boston,  bet-nixt  this  f>sent  date  and  the  Court  to  bee  holden  att  Plymouth  the 
first  Tusday  in  October  next,  vpon  notice  giuen  by  them  that  they  haue  soe 
done,  the  remainder  of  the  said  twenty  fiue  pounds  is  clearly  remited  and 
forgiuen. 

In  answare  vnto  a  complaint  made  in  the  behalfe  of  the  Indians  att 
Rehoboth  whoe  haue  had  theire  come  spoyled  and  destroyed  by  horses,  the 
Court  haue  ordered,  that  a  pound  shall  forthwith  bee  made  by  such  as  are  the 
owners  of  the  land,  which  was  th£  purchasers,  on  some  convenient  place  on 
the  said  land,  within  the  space  of  thirty  dayes  after  this  ^sent  Court,  to 
impound  such  horses  or  other  cattle  as  shall  trespas  on  the  Indians  as 
aforsaid,  and  to  haue  twelue  pence  a  horse  for  euei-y  horse  that  shalbee  soe 


120  PLYMOUTH    COLONY    RECOKDS. 

1657.  impounded,  and  six  pence  for  euery  bullockoj  and  four  pence  for  euery  hogg  j 
~  ^  "^  and  incase  those  abouesaid,  that  are  to  make  the  id  pound,  shall  neglect  to 
p  make  it  by  the  time  prefixed,  they  are  to  pay  for  a  fine  the  sume  of  fiue 

Got?.         pounds. 

Richard  Bowin,  Leiftenant  Peter  Hunt,  and  John  Allin,  of  Eehoboth, 
whoe  were  appointed  by  the  Court  to  bee  ouerseers  of  the  children  and  estate 
of  M'  Alexander  Winchester,  haue  declared  vnto  the  Court  theire  joynt  con- 
sent that  the  portion,  vizj,  the  house  and  land,  &6,  desposed  vnto  M'^  Nicolas 
Pecke,  whoe  is  joyned  in  marriage  with  the  eldest  of  the  said  M'  Winchesters 
daughters,  shalbee  confeirmed  vnto  him. 

Three  acres  of  meddow,  which  was  graunted  and  giuen  vnto  Robert  Abell 
by  the  purchasers  out  of  theire  lands  neare  Eehoboth,  is  now  confeirmed  vnto 
the  said  Abell  by  those  whoe  haue  since  bought  the  said  land  of  the  said 
purchasers  vnto  the  said  Robert  Abell,  his  heires  and  assignes,  for  euer. 

Libertie  is  graunted  vnto  M'  John  Alden  to  looke  out  a  portion  of  land 
to  accomodate  his  sons  withal! ,  and  to  make  report  therof  vnto  the  Court,  that 
soe  it  may  bee  confeirmed  vnto  him. 

In  answare  vnto  a  petition  prefered  to  the  Court  by  Wiliam  Nicarson, 
desiring  to  haae  libertie  to  injoy  the  land  hee  purchased  att  Mannamoiett,  — 

The  Coiu't  haue  ordered,  that  the  said  land  shalbee  viewed  by  some  that 
shalbee  deputed  ;  and  afterwards,  vpon  theire  report  to  the  Court,  hee  is  to 
haue  a  competency  or  proportion  out  of  it  allowed  vnto  him,  and  then  to 
resigne  vp  the  remainder  vnto  the  Court. 

For   the  cecuring   of  the  countryes  powder,  it   is   left   vnto  Leiftenant 
Southworth  and  the  deputies  of  Plymouth  to  hier  workmen  to  make  a  place 
to  cecure  it  in,  and  the  charge  therof  to  bee  defrayed  by  the  Tresurer  in  the 
countreyes  behalfe. 
r«ll8.]  *M''  Anthony  Eames,  Robert  Studson, 

M'^  Wiliam  Bradford,  Nathaneell  Bacon, 

M"'  Stephen  Payne,  Wiliam  Paybody, 

M''  Kanelme  Winslow,  John  Cooke,  + 

Leiftenant  Torrey, 
+  Richard  Sparrow  and  Thomas  Clarke  were  appointed  by  the  Court  as  a 
comittee  to  take  into  seriouse  consideration  what  way  to  take  for  the  accomo- 
dation of  our  honored  GoQ  and  majestrates  in  makeing  prouission  for  them  as 
occation  doth  require,  haue  recoinended  to  the  Court  the  result  of  theire 
agitations,  which  were  read  in  Court  and  approued,  and  accordingly  recorded 
as  foUoweth  :  — 

1.    Wee  doe  agree  that  ■Nlistris  Bradford  shalbee  satisfyed  by  the  Tres- 


COUET    ORDEES.  121 

urer  what  cliarges  stee  hath  been  att  in  intertaining  our  honored  GoQ  and  16  57. 

majestrates  for  this  fsent  Court.  "    ~^ 

2.  Wee  doe  agree  that  shee  shall  haue  ten  pounds  of  the  best  pay,  to  rpnENCE 
bee  payed  vnto  her  out  of  the  Tresurer,  to  satisfy  for  such  trouble  and  charge  Goveenoe.] 
as  shee  shall  sustaine  in  entertaining  of  our  honored  GoQ  and  majestrates  for 

the  ensuing  yeare. 

3.  WheraSj  vpon  our  desire  and  request.  Constant  Southworth  is  willing 
to  make  prouission  for  our  honored  Goii  and  majestrates  for  the  ensuing  yeare, 
we  do  agree,  — 

That  hee  shall  haue  twenty  pounds  paied  him  by  the  countrey,  in  such 
pay  as  was  formerly  payed  to  our  late  honored  Goii,  and  to  bee  paied  vnto 
him  by  each  township  according  to  theire  proportions  as  formerly,  and  accord- 
ing vnto  the  time  formerly  prefixed  by  order  of  Court ;  and  alsoe  wee  doe 
agree,  that  hee  shall  haue  fine  pounds  of  the  best  pay  payed  him  by  the 
Tresurer,  as  hee  hath  ocation  to  make  vse  of  it  to  defray  charges  as 
abouesaid. 

4.  Wee  doe  agree  that  our  honored  GoQ  shall  haue  ten  pounds  allowed 
bim  by  the  countrey,  to  bee  paied  him  by  the  Tresurer,  for  a  man  to  attend 
vpon  him  in  his  journeyes  to  the  Courts. 

The  Court  doth  appoint  and  request  M'  AlHn,  of  Barnstable,  to  bee  in 
a  reddines  to  giue  intertainment  to  our  honored  Gofl.  in  his  journeyes  to  and 
fro,  both  for  himselfe  and  his  attendance,  and  especially  to  accomodate  him 
with  a  priuate  rome  and  other  nessesaries ;  and  the  countrey  doe  engage  that 
hee  shalbee  satisfyed  for  his  charge  and  trouble  about  the  same,  to  bee  leuied 
by  rate  as  other  pubhcke  charges. 

The  Court  haue  ordered,  that  those  that  refused  att  this  Court  to  take 
the  oath  of  the  grand  inquest,  the  comittees  or  deputies  of  such  townes  where 
such  Hue  shall  signify  vnto  them,  that  if  they  shall  change  their  minds  about 
the  same,  and  shalbee  willing  to  take  the  said  oath,  they  are  to  signify  soe 
much  to  the  next  Court  of  Assistants,  or  otherwise  the  Court  will  take  further 
course  as  they  shall  see  meet. 

VOL.  m.  16 


122 


PLYMOUTH    COLONY   EECOEDS. 


1657. 

6  October. 

[Pkence, 

governob.] 

[*119.] 


*J.tt  the  Gmerall  Court  holden  att  Plymouth  the  sixt  of  October, 

1657. 


Before  Thomas  Prence,  GoQ, 
Wiliam  CoUyare, 
Timothy  Hatherley, 

Asistaiits,  &^, 


John  Alden, 

James  Cudworth,  and 

Thomas  Southworth, 


WHERAS  complaint  is  made  to  the  Coui-t  by  the  inhabitants  and 
townsmen  of  Taunton,  that  sundry  vnworthy  and  defamed  psons 
haue  thrust  themselues  into  the  said  towne  to  inhabite  there,  not  haueing 
approbacSn  of  any  two  majestrates  according  to  an  order  of  Court,  and  con- 
trary to  the  minds  of  diners  of  the  inhabitants,  to  theii-e  greivance,  the  Court, 
haueing  taken  theire  condition  into  seriouse  consideration,  doth  order,  — 

1.  That  noe  such  pson  bee  intertained  by  any  inhabitant  of  the  towne, 
on  the  penaltie  of  forfeiting  twenty  shillinges  for  euery  weeke  that  they  shall 
intertaine  them  without  the  approbacon  of  the  fine  select  men  appointed  to 
order  the  publicke  affaires  of  the  towne ;  and  inspeciall,  that  Wiliam  Paule 
and  his  wife  bee  forthwith  expelled  the  towne. 

2.  Likewise,  it  is  ordered,  that  you  giue  warning  to  youer  townsmen, 
that  noe  pson  or  psons  of  youer  towne  do  sell,  hier,  or  giue  house  or  land  to 
any  pson,  soe  as  therby  to  bring  them  in  to  bee  inhabitants  amongst  them,  but 
such  as  haue  approbactSn  of  two  of  the  majestrates  att  least,  according  to  an 
ancient  order  of  Court,  as  they  wUl  answare  theire  contempt  in  doeing  the 
contrary. 

3  &  4.  For  youer  third  and  fourth  greivance,  we  conceiue  that  if  youer 
constable  and  grandjurimen  doe  theire  dutyes,  there  wilbee  a  full  redresse  of 
such  abusses. 

5.  M'  Wiliam  Parker  being  deputed  by  the  Court  to  adminnester  an 
oath  to  giue  true  testimony  to  the  grand  enquest,  and  likewise  in  his  highnes 
name  to  issue  forth  warrants  to  supena  in  witnesses  to  giue  testimony  to  the 
Court  or  grand  enquest  in  such  cases,  that  the  Court  order  in  the  j^mises  bee 
improued  as  occation  shall  require  as  a  preparatiue  way  to  fm-ther  justice. 

Lastly,  the  Court  doth  order,  that  the  fiue  select  men  of  youer  towne  — 
vizj.  Cap?  Wiliam  Pole,  Gorge  Hall,  M'  Wiliam  Parker,  Leiftenant  James 
Wyatt,  and  John  Dean  —  doe  forthwith,  on  receipt  heerof,  require  youer  cun- 
stable  to  warne  a  townmeeting,  that  soe  these  things  may  bee  published  in 
youer  towne. 


6  October. 

Prence, 


COURT    ORDERS.  123 

It  is  ordered  by  the  Comt,  that  M'  Timothy  Hatherley,  and  Cap?  James  1657. 
Cudworth,  and  Cap?  Josias  Winslow  take  convenient  time  to  take  notice  of 
the  horse  bridge  ouer  the  North  Eiuer,  that  it  bee  sufficiently  don,  and  alsoe 
of  the  -way  Tnto  it,  and  accordingly  to  judge  what  Wiliam  Barstow  is  worthy  ^°^'^- 
to  haue  for  his  worke  and  paines  therabout,  and  then  to  returne  what  they 
haue  don  in  the  ^mises  vnto  the  Treasurer,  that  accordingly  hee  may  bee 
satisfyed. 

*Vpon  a  desire  and  rec[uest  made  vnto  the  Court  by  M'  John  Done,      [*120.] 
Josias  Cooke,  Bichard  Sparrow,  and  Richard  Higgens,  desireing  som  propor- 
tions of  land  att  a  place  about  thirteen  English  miles  from  Rehoboth,  — 

The  Courts  answare  is,  that  they  doe  condecend  thervnto,  prouided  they 
doe  not  intrench  on  any  lands  alreddy  graunted  to  any  others,  and  that  it  bee 
orderly  purchased  of  the  right  natiue  propriators,  and  likewise  that  they  bee 
willing  that  others  may  bee  accomodated  by  them  there,  if  occation  shall 
require. 

Liberty  is  graunted  vnto  Edward  Banges  to  draw  and  sell  wine  and 
strong  waters  att  Eastham,  prouided  it  bee  for  the  refreshment  of  the  English, 
and  not  to  bee  sold  to  the  Indians. 

Liberty  is  graunted  vnto  Nicolas  "Wade  to  keep  an  ordinary  att  Scittu- 
ate,  soe  as  hee  prouide  convenient  lodging  and  other  accomodacon  for  trauel- 
lers,  and  carry  well  in  it ;  and  this  liberty  to  continew  soe  longe  as  the  Coxurt 
shall  see  reason. 

Att  this  Coiui,  Humphrey  Norton,  one  of  those  comonly  called  Quakers, 
being  summoned,  appeered,  and  was  examined  and  found  guilty  of  diuers 
horred  errors,  and  was  centanced  speedily  to  depart  the  goQment,  and  was 
forthwith  expeled  the  goQment  by  the  vnder  marshaU,  whoe  was  required  to 
accompanie  him  as  farr  as  Asonett,  towards  Road  Hand. 

"Wiliam  Newland,  for  causing  or  incurraging  Tho  Burgis  to  lett  Christo-  of  these  see 
pher  Holder,  one  of  those  called  Quakers,  to  take  a  coppy  of  the  GoQnors  Xetendof 
warrant,  which  said  warrant  reqrdred  the  said  holder  and  his  ptener  to  appeer  thisbooke. 

See  Book  of 

att  Plymouth,  and  for  promising  to  stand  betwixt  the  said  Burgis  and  any  -wills,  &c., 
damage  that  should  befall  him  in  the  abouesaid  respect,  and  for  calling  of  ^° '  "' 
diuers  psons  together  to  his  house  to  the  said  Quakers,  was  centanced  by  the 
Court  to  find  surties  for  his  good  behauiour. 

Ralph  AlHn,  Seni',  of  Sandwich,  for  entertaineing  diuers  psons  att  sundry 
times  to  meet  att  his  house,  contrary  to  order  of  Court,  and  for  his  vnworthy 
speeches  by  him  spoken  to  the  cunstable  of  Sandwich,  was  centanced  to  find 
surties  for  his  good  behauior ;  which  the  said  "Wiliam  Newland  and  Ralph 
Alhn  refusing  to  doe,  where  coiiiited  to  the  custitie  of  the  cheife  marshall. 


124  PLYMOUTH    COLONY    RECORDS. 

16  5  7.  Tho  Burgis,  expressing  his  sorrow  for  letting  the  said  Christopher  Holder 

'       '^        '    and  his  ptener,  John  Copeland,  take  a  coppy  of  the  warrant  as  abouesaid,  was 
Prenoe       admonished  and  released. 

Gon".  Henery  Saunders,  for  refusing  to  aid  the  cunstables  deputie  of  Sandwich 

in  the  execution  of  his  office  about  the  abouesaid  Humphrey  Norton,  was 
comited  during  the  pleasure  of  the  Court. 

M"^  Edward  Dillingham,  for  speaking  approbriesly  to  the  cunstables  dep- 
utie of  Sandwich,  was  admonished  and  cleared. 

Ralph  Jones  appeered  att  this  Court,  being  sumoned  for  not  repairing  to 
the  pubUcke  worship  of  God,  and  was  convicted  that  hee  had  broken  the  law 
about  the  same,  and  accordingly  is  found  lyable  to  beare  the  penaltie  in  that 
case  amersed. 
22  December.  *The  22"=°°*  of  December,  "Wiliam  CoUyare,  John  Alden,  Josias  Winslow, 

[  1*1.]      and  Thomas  Southworth,  Asistants,  &6,  mett  together  att  the  house  of  M' 
John  Alden  att  Duxburrow,  the  occation  wherof  foUoweth,  vizj  :  — 

That  wheras  Robert  Huchin,  one  of  those  that  are  comonly  called  Qua- 
kers, goeing  too  and  frow  in  some  of  the  townes  of  this  goQment,  procured 
sundry  psons  to  giue  meeting  to  him,  contrary  to  order  of  Court ;  and  sundry 
alsoe  began  to  bee  taken  with  his  novalties,  which  was  likely  to  produce  great 
desturbance  in  this  goGment ;  for  which  cause  M'  Wiliam  CoUyare,  on  the 
19'  of  December,  went  ouer  to  Cap?  Josias  Winslow,  vnto  Marshfeild,  and 
they,  haueing  intelligence  of  such  practises  by  the  said  Robert  Huchin  and 
others  as  aboue  expressed,  issued  forth  a  warrant  in  the  name  of  his  highnes 
to  apprehend  the  said  Huchin,  and  soe  to  interupt  the  said  meetings  on  the 
20*  of  December,  being  the  Lords  day.  Cap?  Josias  Winslow,  haueing  intel- 
ligence of  an  intended  meeting  of  like  nature  as  aforsaid,  intended  to  bee  kept 
att  the  house  of  M""  Arther  Howland,  att  Marshfeild,  sent  John  Philhps,  the 
cunstable  of  Marshfeild,  with  order  to  interupt  the  said  meeting,  and  to 
aprehend  the  said  Robert  Huchin  ;  but  notice  being  giuen  in  an  vnexpected 
way  before  the  said  cunstable  came  thither,  hee  found  noe  man  att  the  said 
house,  soe  that  the  said  Robert  Huchin  was  not  taken.  On  the  morrow  after 
being  Munday,  the  one  and  twentieth  of  December,  Cap?  Josias  Winslow,  by 
warrant  in  his  highnes  name,  required  the  abouesaid  cunstable,  John  Phillips, 
to  repaire  to  the  house  of  the  said  Arther  Howland,  to  warn  him  to  appeer 
psonally  att  the  house  of  M'  John  Alden,  before  the  majestrates  aboue 
expressed,  and  likewise  to  apprehend  the  abouesaid  Robert  Huchin,  hee  being 
then  in  the  said  house,  accompanied  with  the  said  Arther  Howland  and  Josepth 
Rogers,. son  of  John  Rogers,  of  Marshfeild,  and  another  of  his  sonnes ;  the 
said  cunstable  then  apprehending  him,  the  said  Robert  Huchin  was  opposed 


COURT    ORDERS.  125 

and  hindered  by  the  said  Arther  Howland,  soe  as  hee  could  not  bring  him,      1657. 

the  said  Huchin,  away  with  him.     The  pticular  passages  that  passed  bet-wixt    " < ' 

them  are  as  foUoweth,  as  they  appeered  to  bee  on  the  examination  of  the         ""^  "''■ 
abousaid  cunstable  and  the  said  Arther  Howland,  before  the  abouesaid  majes-        Gon= 
trates,   on  the   22<='""i  of  December,   att  the  house  of  M'  John  Alden  att 
Duxburrow. 

John  Phillipes,  cunstable  of  Marshfeild,  on  the  one  and  twentieth  day  of 
December,  1657,  repairing  to  the  house  of  M'  Arther  Howland,  to  summon 
the  said  Arther  Howland,  by  warrant  from  Cap?  Josias  Winslow,  to  appeer 
on  the  morrow  after,  att  the  house  of  M'  John  Alden,  before  the  majestrates, 
to  answare  for  intertaining  a  Quaker,  and  suffering  and  inviting  sundry  to 
hear  the  said  Quaker,  coming  into  the  house  of  the  said  Arther  Howland, 
summoned  him  to  appeer  as  aforsaid,  and,  pceiueing  the  said  Quaker  to  bee 
there,  haueing  a  warrant  to  attach  him  psonally,  to  appeer  before  authoritie, 
rec[uired  him  to  goe  along  with  him,  whervpon  the  said  Arther  Howland  would 
not  suffer  him  to  goe  along  with  him ;  on  which  the  said  Phillips  pulled  him  to 
goe  alonge  with  him  :  and  then  the  said  Arther  Howland  thrust  the  said  John 
Phillipes  out  of  his  dores  ;  then  the  said  John  Phillipes  charged  the  said  Arther 
Howland  and  the  two  sonnes  of  Jdhn  Rogers  abouesaid  with  the  *said  Quaker,  [*122.] 
to  haue  him  forth  coming ;  and  then  the  said  Arther  Howland  said,  if  hee, 
the  said  John  Phillipes,  tooke  such  courses,  hee  would  haue  either  a  sword  or  a 
gun  in  the  belly  of  him ;  then  the  said  Phillipes  went  downe  to  the  mill  to  gitt 
more  assistance,  and  when  hee  came  vp  againe,  the  said  Quaker  was  gon. 
Further,  the  said  John  Phillipes  saith,  that  when  hee  required  the  young  men 
then  ^sent  before  expressed  to  aide  him,  one  of  them,  vizj,  Joseph  Rogers, 
aboue  expressed,  refased  to  asist  him  in  bringing  away  the  said  Quaker. 
Samuell  Hunt,  aged  17  yeares  or  therabouts,  being  deposed,  saith,  — 
That  about  a  fortnight  before  the  date  heerof,  being  att  the  house  of 
Zoeth  Howland,  hee,  the  said  Zoeth  Howland,  said  hee  would  not  goe  to 
meeting  to  hear  lyes,  and  that  the  diuill  could  teach  as  good  a  sermon  as  the 
minnisters ;  and  that  a  2"""*  time  being  att  the  house  of  the  said  Zoeth  How- 
land, on  the  IS""  day  of  this  j^sent  December,  and  his  brother,  John  Hunt, 
and  Tho  Delano  being  with  him,  hee  questioned  with  the  said  Zoeth  Howland 
whether  hee  would  not  goe  to  the  meeting,  because  the  minnesters  taught  lyes, 
and  that  the  diuill  could  teach  as  good  a  sermon  as  the  minnesters ;  and  hee 
said  hee  denied  it  not.  Alsoe,  Tho  Delano  questioned  with  him  whether  the 
minnesters  taught  lyes ;  and  hee  said  yes,  and  lett  him  looke  in  the  Scrip- 
tures and  hee  should  find  it  soe. 


126  PLYMOUTH    COLONY    RECORDS. 

16  57.  Tho  Delano  and  John  Hunt  concure  with  Samuell  Hunt  in  this  tes- 


~    r-"~^   timony. 

22  December.  .  ,  . 

Phenoe  Arther  Holland,  for  the  cause  aboue  expressed,  was  centanced  to  giue 

GoTj»        bonds  for  his  apperance  att  the  Generall  Court  to  bee  holden  att  Plymouth 

the  first  Tusday  in  March  next,  and  in  the  mean  while  to  bee  of  good  behauior 

towards  all  manor  of  people  ;  hee,  refusing  to  giue  his  owne  single  bond,  was 

comitted  to  the  custitie  of  the  cheife  marshall. 

Zoeth  Howland  was  warned  to  appeer  att  the  said  Coui-t,  likewise  Henery 
Howland  was  summoned  to  appeer  att  the  said  Court,  to  answare  for  inter- 
aining  Quakers  meetings  in  his  house. 

John  Howland,  Juni'',  summoned  to  appeer  att  the  said  Court  for  giueing 
intelligence  to  Arther  Howland  and  the  Quaker,  with  others  mett  on  the 
ninteenth  of  December,  being  the  Lords  day. 


165  7-8.  *M  the  Court  of  Jlssistants  held  att  Plymouth  the  2'°^  of  February, 
— ^ — "  1657. 

2  Febniary. 

'■         ■J  Before  Wiliam  Collyare,  Josias  "Winslow,  and 

James  Cudworth,  Thomas  Southworth, 

Asistants,  &d. 

JOHN  BARNES  complained  against  Edw  Holman  for  intertaining  John 
Wade,  his  seruant,  and  for  carrying  the  said  "Wade  to  Duxburrow  in  his 
boate,  without  his  masters  concent.  The  Court  finding  the  said  Holman, 
vpon  examination  of  him,  to  bee  faulty  both  att  this  time  and  att  other  times 
in  like  manor,  hee  was  fined  ten  shillings ;  and  the  next  time  hee,  the  said 
Holman,  shalbee  found  faulty  in  such  Hke  carryages,  on  due  proofe,  towards 
any  of  the  seruants  of  the  said  John  Barnes,  hee  is  centanced  by  the  Court  to 
pay  vnto  him  the  sume  of  twenty  shillings. 

Att  the  same  Court,  the  said  John  Barnes  complained  against  his  said 
seruant,  John  Wade,  the  ran  vp  and  downe  like  vnto  a  runagate,  and  hee 
could  haue  noe  comaund  ouer  him,  and  therfore  desired  hee  might  bee  freed 
from  any  farther  care  or  inspection  ouer  him ;  on  which  the  Court  ordered 
the  said  Barnes  to  keep  his  said  seruant  vntill  hee  could  send  word  to  his 
father,  and  take  further  order  with  him  about  him. 


COURT    ORDERS. 


127 


2  February. 

Prence, 

Gou«. 


Att  this  Court,  Serjeant  James  Shaw,  Samuell  Fuller,  and  Edward  Gray  165  7-8. 
complained  against  Josepth  BiUington  for  neglecting  to  pay  some  smale  debts 
which  hee  owed  them.  The  Court,  finding  the  said  Billington,  on  enquiry  and 
enformation,  to  bee  a  knowne  idle  and  neglegent  pson,  wherby  hee  was  disa- 
bled to  pay  men  theire  owne,  and  to  liue  as  one  in  his  place  and  condition 
ought  to  doe,  ordered  him  forthwith  to  betake  himselfe  to  an  honest  imploy- 
ment  and  to  foUowe  it  faithfully,  which  if  hee  shall  neglect  to  doe,  on  further 
complaint  the  Court  will  prouide  a  seruice  for  him. 

Likewise,  Jonathan  Morey,  being  warned  to  appeer  att  this  Court  to 
answare  for  such  like  default,  is  required  to  sett  himselfe  in  such  wayes  and 
courses  as  wherby  hee  may  bee  able  to  answare  euery  one  theire  owne,  and  is 
allowed  vntill  June  Court  next,  that  incase  hee  shall  approue  himselfe  better 
in  the  ^mises,  and  not  frequent  the  house  of  Richard  Foster  in  his  absence, 
which  is  thought  not  convenient  for  him  soe  to  doe,  then  the  said  Morey  not 
to  bee  questioned  about  the  ^mises  any  further ;  but  if  otherwise,  the  Coui't 
will  then  prouide  a  seruice  for  him. 

Jolm  Copeland,  one  of  the  sect  comonly  called  Quakers,  being  sum- 
moned, appeered,  and  being  examined  and  found  guilty  of  speaking  falsly 
concerning  M"^  John  Alden,  as  that  his  head  and  knees  trembled  att  such 
time  as  the  said  Copeland  and  Christopher  Holder  were  before  the  said  M"" 
Alden  and  Leiftenant  Southworth,  for  which  the  said  Copeland  is  centanced 
by  the  Court  to  bee  whipt  att  such  time  as  hee  shalbee  found  in  the  goQment, 
being  required  to  depart  the  jurisdiction  within  eight  and  forty  houres  from 
this  psent. 

WUiam  Braind,  one  of  those  called  Quakers,  being  found  to  bee  a  man 
of  a  turbulent  speritt  and  forward  to  abuse  men  with  his  tounge,  is  required 
to  depart  the  goQment  within  eight  and  forty  houres  from  this  p>sent ;  and 
incase  hee  shalbee  found  in  the  goQment  heerafter,  to  bee  publickly  whipt. 

These  abousaid  Quakers,  coming  through  the  towne  of  Plymouth  on  the     8  February. 
eight  day  of  February,  were  apprehended  and  whipt  according  to  the  aforsaid 
centance. 


128 


PLYMOUTH    COLONY    KECORDS. 


16  5  7-8.     *Mt  the  Generall  Court  holden  aft  Plymouth  the  2""^  of  March, 

1657. 


Y 

2  March. 
[Pkence, 

GOTERNOIi.] 

[*124.J 


Befor  Thomas  Prence,  GoQ, 
Wiliam  CoUyare, 
Timothy  Hatherley, 
John  Alden, 


Thomas  "Willett, 
James  Cudworth, 
Josias  Winslow,  and 
Thomas  Southworth, 


Assistants,  &6. 

IN  order  vnto  the  proceeding  of  the  abouesaid  Court,  warrants  were  issued 
forth  to  the  seuerall  cunstables  of  the  seuerall  townes  of  this  jurisdiction, 
the  tenure  wherof  is  as  foUoweth  :  — 


To  the  Cunstable  of,  &(3,  greet. 

These  are,  in  the  name  of  his  highnes  the  Lord  Protector  of  England, 
Scotland,  and  Ireland,  to  will  and  comaund  you,  on  receipt  heerof,  to  giue 
publicke  notice  of  the  Generall  Court  to  bee  holden  att  Plymouth  the  first 
Tusday  in  March  next,  that  all  such  psons  as  haue  any  business  theratt  may 
then  and  there  attend  the  same  ;  and,  especially,  that  you  warne  youer  grand 
jurymen,  that  they  may  bee  reddy  to  doe  all  such  seruice  as  on  his  said  high- 
nes behalfe  shalbee  required  of  them ;  and  that  you  warne  youer  townsmen 
to  come  together,  and  heerby  declare  vnto  them,  that  forasmuch  as  wee,  take- 
ing  notice  of  diuers  psons  in  seuerall  places  that  by  worde  and  acte  represent 
things  of  sad  consequence,  in  our  apprehensions,  to  this  goQment,  wee  take 
ourselues  bound  to  manifest  to  them  that  they  make  choise  of  some  able  and 
fitt  psons  for  deputies  to  attend  the  said  Generall  Court,  to  whome  wee  shall 
more  fully  impart  the  whole,  that  soe  they  and  wee  together  may  consider  and 
eifect  some  such  prouission  att  the  p'sent  as  the  case  requires,  vntill  the  whole 
body  of  freemen  shall  with  more  conveniency  meet  together  then  the  ^sent 
season  will  permit,  to  take  further  order  therinj  wherof  fayle  not,  as  you 
tender  the  good  of  the  whole. 

Dated  att  Plymouth  this  2™"*  of  February,  1657. 

THOMAS   PRENCE,   GoQ. 
WILtAM    COLLYARE, 
THOMAS   WILLETT, 
JOSIAS   WINSLOW, 
THOMAS   SOUTHWORTH. 


COURT    ORDERS. 


129 


The  names  of  the  comittees   that  appeered,  according  to  the  sumons    165  7-8. 
abouesaid,  were  these  following  :  — 


M'  John  Howland, 
M'  Wiliam  Bradford, 
John  Dunham,  Seni', 
Ephraim  Morton, 
Wiliam  Paybody, 
John  Rogers, 
Edward  Jenkens, 
John  Bryant, 
Thomas  Tapper, 
Thomas  Burgis, 
M'  Wiliam  Parker, 
James  Walker, 


M'  Anthony  Thacher, 
Edward  Sturgis, 
M'  Thomas  Hinckley, 
Nathaniell  Bacon, 
M'  John  Bradford, 
Anthony  Snow, 
M'  Stephen  Paine, 
Lei:  Peter  Hunt, 
Richard  Higgens, 
Josias  Cooke, 
John  Willis. 


2  March. 
[Pkence, 

GorEENOE.] 

Of  the  lawes 
enacted  att  this 
Court  by  the 
majestrates 
and  these  dep- 
uties, see  the 
booke  of  the 
lawes  and  con- 
stitutions of 
this  goulnent. 


•M'  Arther  Howland,  for  pmiting  of  a  Quakers  meeting  in  his  house,      [*125.] 

and  for  inviting,  vizj,  such  as  were  vnder  goQment,  children  and  others,  to  ^^^^^  How- 
land  refused  to 
come  to  the  said  meeting,  was  centanced  by  the  Court  to  find  surties  for  the  procure  surties 

good  behauior ;  which  incase  bee  should  refuse  to  doe,  hee  is  to  pay  for  a  fine  jj^^^g  ^^  i^jg 

four  pounds.  g°»'i  behauior. 

and  soe  the  fine 

The  said  Arther  Howland,  for  resisting  of  the  cimstable  of  Marshfeild  is  payable. 
in  the  execution  of  his  office,  and  for  abusing  him  in  words  by  threatning 
speeches,  is  fined  the  soine  of  fiue  pounds. 

The  said  Arther  Howland,  {ov  g>senting  a  writing  into  the  Court,  which 
said  writing,  on  the  pusing  therof,  appeered  to  bee  of  dangerouse  consequence, 
hee  owning  of  it  to  bee  his  owne,  and  for  makeing  knowne  the  said  writing 
to  others,  was  centansed  by  the  Court  to  find  surties  for  his  good  behauior. 

John  Barnes,  for  his  frequent  abusing  himselfe  in  drunkenes,  after  former 
punishment  and  admonition,  is  fined  fiue  pounds  ;  and  incase  any  shall  enter- 
taine  him  in  theire  house  in  a  way  of  drinking,  shalbee  fined  the  sume  of 
twenty  shillings  ;  and  if  any  of  the  towne  of  Plymouth  shalbee  found  drink- 
ing in  his  companie,  euery  such  to  pay  two  shillings  &  sixpence. 

Edward  Holman,  for  telling  of  a  lye  in  the  Court,  is  fined,  according  to 
order,  ten  shillings. 

Henry  Howland,  for  entertaining  a  meeting  in  his  house  contrary  to 
order  of  Court,  fined  ten  shillings. 

Zoeth  Howland,  for  speaking  opprobriously  of  the  minnesters  of  Gods 
word,  is  centanced  to  sitt  in  the  stockes  for  the  space  of  an  houre,  or  during  the 

VOT,.    III.  17 


130  PLYMOUTH    COLONY    RECOKDS. 

165  7-8.  pleasure  of  the  Court ;  which  accordingly  was  pformed,  and  see  released,  pay- 
^      ^    ing  his  fees. 

Peence  Peter  Gaunt,  Daniell  Winge,  Ealpth  Allen,  Junier,  and  Wiliam  Allin, 

Gou".  being  summoned,  appeered  to  answare  for  a  tumultuose  carriage  att  a  meeting 
of  the  Quakers  att  Sandwich.  These,  being  admonished  in  that  respect,  were 
cleared ;  notwithstanding,  for  theire  vnreuerent  carrying  themselues  before  the 
Court,  coming  in  before  them  with  theire  hatts  on,  were  fined  twenty  shilHngs 
a  peece. 

Leifi  ElHs,  Steuen  Winge,  and  Thomas  Butler,  being  sumoned  to  answare 
for  tumultuose  carriage  as  abouesaid,  being  examined,  and  not  found  soe  faulty 
as  was  supposed,  were  admonished  and  cleared. 

[*126.]  *Wiliam  Newland  and  Ealph  Allin,  Sen,  released  and  sett  att  libertie 

from  their  imprisonment,  paying  their  fees. 

Wheras  this  Coiurt  receiued  a  petition  from  sundry  psons  of  the  towne 
of  Scittuate,  both  of  the  milletary  companie  and  others,  therin  expressing 
sundry  greiuances  relateing  vnto  some  late  carriages  of  Cap?  James  Cudworth, 
a  comission  officer  of  the  milletary  companie  of  Scittuate,  in  reference  to 
entertaining  of  such  psons  as  are  comonly  called  Quakers,  by  suffering  them 
to  meet  in  his  house,  and  others  with  them,  which  said  Quakers  haue  ren- 
dered themselues  in  theire  doctrines,  speeches,  and  carriages  destructiue  to  the 
peace  of  this  jurisdiction,  the  Court,  haueing  seriously  weyed  and  considered 
the  ^mises,  together  with  other  concurrent  expressions  which  haue  come  from 
him,  the  said  Cap?  Cudworth,  which  in  theire  nature,  as  wee  apprehend, 
tendeth  to  the  desturbance  of  the  peace  of  this  ^sent  goQment,  doe  order  as 
foUoweth,  vizj  :  that  the  said  Captaine  James  Cudworth  by  the  Court  is  dis- 
charged of  his  place  as  cap?  of  the  milletary  companie  of  the  towne  of  Scit- 
tuate ;  the  said  Cap?  James  Cudworth  alsoe  desired  the  same. 

An  Order  of  the  Court  directed  to  Leiftenant  Torrey  and  Ensigne  "Williams. 

The  Court,  seeing  cause  to  discharge  Cap?  James  Cudworth  of  his  place 
as  captaine  of  the  milletary  companie  of  Scittuate,  doe  by  these  ^sents  order 
and  require  you,  Leiftenant  James  Torrey  and  Ensigne  John  Williams,  to 
dissipline  the  said  companie  as  occation  shall  require  vntill  you  shall  haue 
further  order  from  the  Court ;  and  that  you  signify  and  declare  in  the  head 
of  youer  companie  that  they  are  to  obey  you  in  all  lawfull  milletary  coiiiaunds 
as  theire  milletary  comaunders  in  cheife,  and  to  carry  peacably  and  quietly 
respecting  the  ^mises. 

The  Courts  order. 

P  me,  NATHANIEL!  MORTON,  Clarke. 


COUKT    OKDEKS.  13X 

Wheras  Wiliam  Bassett,  the  cunstable  of  Sandwich,  complained  that  16  5  7-8. 

hee  is  opposed  in  the  procuring  in  of  the  countrey  rates  in  corn  according  to    "^ ^      ' 

a  warrant  directed  vnto  him  for  that  purpose  ;  these  are,  therefore,  to  req^uire  pebnoe 
him,  the  said  "Wiliam  Bassett  forthwith,  on  receipt  heerof,  to  put  the  said  Gotj=. 
warrant  in  to  speedy  execution  according  to  the  tenure  therof,  vizj,  to  procure 
corn  according  to  the  species  therin  expressed ;  and  on  any  one  that  it  con- 
cernes  that  shall  refuse  to  make  paiment,  or  haue  it  not,  to  make  destresse  on 
such  theire  goods  as  wilbee  equivolent  vnto  or  will  procure  corne  answarable 
to  the  tenure  therof;  and  whatsoeuer  hee  shall  doe  in  the  ^mises,  prouided 
hee  keep  to  the  tenure  of  the  abouesaid  warrant,  the  Court  doe  heerby  engage 
to  beare  him  out  therin. 

This  is  the  Courts  order. 

P  me,  NATHANIELL  MOETON,  Clarke. 

*In  answare  to  a  request  made  by  Jobe  Hawkins,  of  Boston,  for  to  enjoy      [*127.] 
the  lands  of  Major  "Wiliam  Holmes  att  the  North  Eiuer,  iu  the  township  of  The  said  Job 
Marshfeild,  the  Court  haue  ordered,  that  incase  the  said  Hawkins  will  giue  in  since  giuen  in 
sufficient  cecuritie  to  the  Court  to  saue  them  harmles  and  cleare  of  all  dam-  ^'"^""''^  *°.*'^* 

Court,  and  is 

mage  that  may  arise  by  any  heire  that  may  come  and  shew  a  clearer  right  to  P"*  i"  posses- 

.  .  si°"  therof. 

the  said  land,  hee  may  enter  vpon  possesion  therof;  and  likewise  the  Court 
haue  deputed  M'  Josias  "Winslow,  Seni',  and  Anthony  Snow,  to  repaire  ther- 
vnto  and  to  prise  the  same. 

"Wheras  a  certaine  heifer  belonging  to  "Wiliam  Hailstone  was  attached 
to  satisfy  vnto  the  cheife  marshall  for  fees  three  and  twenty  shillings,  and  to 
satisfy  and  answare  the  lawe  for  the  said  Hailstone  his  telling  of  three  lyes 
in  a  petition  by  him  prefered  to  the  Court  the  sume  of  thirty  shillings ;  foras- 
much as  it  doth  appeer  that  one  of  the  pticulares  supposed  to  bee  a  lye  was 
mistaken,  the  Court,  on  consideration  of  the  f  mises,  haue  remited  the  twenty 
three  shillings  for  the  marshalls  fees,  and  ten  shillings  in  reference  to  the  said 
mistake,  and  doe  cleare  the  heifer  from  the  attachment ;  and  the  said  Hail- 
stone remaines  fined,  for  two  lyes  told  by  him  in  the  said  petition,  the  sume 
of  twenty  shillings. 

Conseming  "Wiliam  Paule,  of  Taunton.  Wheras  the  Court  conceiueth 
that  his  abideing  there  wilbee  a  continued  occation  of  deuission  and  contention 
amongst  the  inhabitants  therof,  they  doe  therfore  order,  that,  according  to  a 
former  order  sent  thither,  wherin  hee  is  required  to  depart,  that  accordingly 
hee  soe  doe  with  all  convenient  speed. 

Conserning  Tho  Joanes,  of  Taunton,  weauer,  the  Court  doth  order,  that 
forasmuch  as  hee  is  a  man  of  an  ill  report,  and  complained  of  by  the  moste 


132  PLYMOUTH    COLONY    RECORDS. 

165  7-8.  pte  of  the  inhabitants  of  Taunton,  and  not  desired  by  them,  that  hee  forth- 

'^  with  depart  the  said  towne. 

Prenoe  Concerning  Josepth  Gray,  seruant  to  M"  Gilbert,  of  Taunton,  whoe  was 

^°""-        somtimes  since  frozen  on  his  feet,  and  still  is  lame  therof.    These  are  fi.-om  the 

Court  to  the  towne  of  Taunton,  to  request  them,  that  wheras  there  is  hopes 

that  this  spring  hee  may  bee  cured,  if  endeauors  bee  vsed  for  that  end,  that 

they  would  please  to  take  some  course,  either  into  the  Bay  or  elswhere,  for 

his  cure ;  and  what  expence  they  shalbee  att  about  the  same,  in  regard  that 

his  said  m'^  is  not  in  a  capacitie  to  defray  the  charge,  incase  hur  husband  doe 

come  againe  into  the  countrey,  and  bee  found  able,  hee  shall  satisfy  the  said 

charge ;  if  not,  the  Court  hopes  it  will  not  bee  vnrewarded  of  God. 

Robert   Crossman,  for  attempting  to   strike  Gorge    Macey  with  a  fier 
brand,  and  for  violently  tht-usting  of  him  out  of  his  house,  coming  in  with 
his  leaue,  fined  fiue  shillings. 
[*128.]  *M''  Dillingham  and  M"  Dexter,  of  Sandwich,  in  answare  vnto  a  complaint 

made  to  the  Court  by  one  Peter,  an  Indian  liueing  att  Mashpea,  that  the  that 
the  horses  of  sundry  of  Sandwich  haue  eaten  much  of  his  corne,  and  wheras 
wee  are  enformed  that  youerselues  haue  seen  the  damage,  and  know  whose 
horses  they  are,  and  as  hee  conceiueth  engaged  to  him  to  procure  some  com- 
petent restitution,  these  are  therfore  to  desri-e  you  to  require  those  whose  horses 
haue  done  the  dammage  to  make  satisfaction  vnto  the  said  Indian ;  which 
incase  they  or  any  of  them  shall  refuse  to  doe,  you  are  heerby  required  to 
returne  theire  names  and  the  damage  as  you  judge  it,  that  soe  the  Court  may 
take  such  further  course  about  the  same  as  they  shall  see  reason. 

Concerning  the  complaint  of  John  Rosse,  a  Scotsman,  seruant  to  Nathan- 
iell  "Warren,  that  hee  had  serued  with  his  said  master  six  yeares  for  nothing, 
the  Court  pused  his  couenants  with  his  said  master,  and  ordered  him  to  serue 
one  yeare  more  with  his  said  master,  and  then  to  bee  free,  in  regard  that  his 
said  master  did  giue  him  a  yeare  of  his  time  then  before  the  Court. 

A  certaine  Indian,  named  Sampson,  the  son  of  Mashantampaine,  an 
Indian  sachem,  appeered,  being  warned  soe  to  doe,  to  answare  for  accusing 
M'  Prence  for  selhng  powder  and  shott  to  the  Indians ;  and  being  examined 
about  the  ^mises,  and  found  to  speake  lyes  about  the  same,  was  ordered  to 
appeer  att  the  next  Generall  Court,  and  those  Indians  to  whome  hee  soe 
spake,  that  soe  the  Coui-t  may  take  further  order  about  the  fmises  as  occation 
shall  require. 

M'  John  Alden  and  Capt  Winslow  are  appointed  by  the  Court  to  goe  to 
Yarmouth,  Barnstable,  and  Sandvrich,  to  order  sundry  publick  occations 
amongst  them  with  whome  the  God  is  intended  to  meet,  if  God  pmitt. 


COURT    ORDERS.  X33 

It  is  ordered  by  the  Court,  that  such  psons  as  liue  att  Namassakeesett,  on    165  7-8. 
the  lands  as  -were  graunted  to  the  townsmen  of  Duxburro-w,  shall  appertaine    "       ^       ' 

to  the  towne  of  Duxburrow.  2  March. 

Pkence, 
The  Court  alloweth  vnto  James  Walker,  towards  his  paines,  charge,  and        ^ou". 

trouble  hee  hath  been  att  about  Jonathan  Briggs,  in  the  controuersye  betwixt 

Wiliam  Hailstone  and  the  said  Briggs,  the  summe  of  twenty  shillings,  con- 

ceiueing  that  the  said  Briggs  ought  to  satisfy  the  said  James  Walker  further 

what  is  meet  in  the  abouesaid  respect,  att  least  to  make  it  vp  forty  shillings. 

Gowin  White,  for  telling  a  lye  concerning  M"^  Tilden,  fined  ten  shillings. 


*Att  a  Court  of  Assistants  holden  att  Plymouth  the  #'  of  May,  1658.     1658. 


Before  Wiliam  CoUyare,  James  Cudworth, 

Timothy  Hatherley,  Josias  Winslow,  and 

John  Alden,  Thomas  Southworth, 

Asistants,  &6. 

WHERAS  Robert  Sprout,  formerly  seruant  to  Walter  Briggs,  com- 
plained that  his  master  keeps  his  indenture  from  him,  wherin  his 
master  is  engaged,  att  the  end  of  his  tearme,  to  giue  him  soinwhat  in  consider- 
ation of  his  seruice,  and  that  his  master  gaue  him  the  last  yeare  of  his  time, 
which  was  made  appeer  in  some  measure  ;  wherfore  the  Court  orders,  that 
Walter  Briggs  shall  returne  the  said  Robert  Sprout  his  indenture,  and  that 
the  said  Sprout  may  haue  his  libertie  to  worke  with  any  other  man  in  Scittu- 
ate  vntill  June  Court  next ;  the  said  Robert  Sprout  haueing  put  in  secm-itie 
to  the  Court  to  answare  his  masters  complaint  att  June  Court  next,  except 
they  shall  otherwise  agree  theire  difference  in  the  interem. 

Forasmuch  as  wee  haue  been  informed,  both  by  letters  from  the  GoQ  of 
the  Massachusetts  and  otherwise,  that  a  certaine  Indian  callett  Pohkenonpa- 
mitt,  whoe  is  suspected  to  haue  been  accesary  to  the  mui'der  of  som  Indians 
belonging  to  them,  hath  been  and  is  sheltered  and  protected  by  Vssamequin 
and  his  son,  that  hee  can  nott  bee  brought  forth  to  a  legall  tryall,  — 

This  Court  haue  ordered,  that  the  cheife  marshall  goe  to  Rehoboth,  and 
take  with  him  Leiftenant  Peter  Hunt,  M'  John  Browne,  and  John  Allin,  and 
in  theire  defecte  or  absence  such  as  hee  shall  desire,  and  goe  to  Vssamequin 
and  his  son,  and  from  the  GoG  and  Court  aduise  them  to  deliuer  the  said 


4  May. 

[*129.] 


134  PLYMOUTH    COLONY    RECORDS. 

1658.     Indian  suspected  vnto  him,  that  soe  hee  may  come  to  a  legall  tryall,  alsoe 
'       i^~~^    asuring  them  that  if  hee  bee  not  guilty  hee  shall  haue  noe  wronge ;  but  incase 
rPKENCE      ^^^^  shall  refuse  to  deliuer  him,  the  marshall  shall  then  vse  his  best  care  and 
GovEENOB.]    prudence  himselfe  to  apprehend  him  and  cecure  him,  and  take  care  that  either 
by  the  cunstable  of  Eehoboth  or  some  other  hee  bee  conveyed  to  the  Massa- 
chusetts, "wher  the  charge  shalbee  repayed  them. 

M'  Kanelme  "Winslow,  Anthony  Snow,  and  Timothy  Williamson  are 
requested  and  deputed  by  the  Court  with  all  convenient  speed  to  lay  out  a 
pcell  of  meddow,  being  fine  acres  graunted  vnto  Gorge  Soule  according  to  the 
graunt  vpon  record. 

M'  "Wiliam  CoHyare  standeth  bound  vnto  the  Court  in  the  suine  of  an 
hundred  pound,  that  incase  any  dammage  shall  come  to  the  Court  by  any 
debts  that  shalbee  demaunded  of  the  estate  of  M"^  Ralph  Partrich  within  a 
tweluemonth  and  a  day  from  the  date  heerof,  that  then,  &<3 ;  otherwise  this 
engagement  to  bee  of  none  eflfect. 

Concerning  Josepth  Gray,  seruant  to  M"  Gilbert,  of  Taunton,  the  Court 
haue  ordered,  that  a  speedy  course  bee  taken  for  his  cure,  hee  being  lame  on 
his  feet,  and  that  the  towne  of  Taunton  shall  make  a  rate  to  defray  the  charge 
therof. 


1  June.        *^tt  the  Court  of  Election  holden  att  Plymouth  the  first  Day  of 
t*^^^-]  June,  jlnno  1658. 

Befoee  Thomas  Prence,  GoQ,  Cap?  James  Cudworth, 

Wiliam  Collyare,  Captaine  Josias  Winslow,  and 

Timothy  Hatherley,  Leiftenant  Thomas  Southworth, 

John  Alden, 

Assistants,  &d. 


M 


K  THOMAS   PRENCE  was  chosen  GoQ,  and  swome, 

M'  Wiliam  Collyare, 

M''  Timothy  Hatherley,  onely  M' 

Hatherley  not  sworne, 
M'  John  Alden, 
Cap?  Thomas  Willett, 
Cap?  Josias  Winslow, 
Leiftenant  Thomas  Southworth, 
M'  Wiliam  Bradford,  and 
M'  Thomas  Hinckley, 


were  chosen  Asistants,  and 
swome. 


COURT  ORDERS, 


135 


M'  Thomas  Prence  and 

Cap?  Josias  Winslow 

M'  John  Aldin  was  chosen  Tresnrer, 


were  chosen  comissioners. 


1658. 

1  June. 

[Pbence, 

Governor.] 


The  Names  of  the  Deputies  of  the  seuerall  Townes  chosen  to  serue  att  this 
Coui-t  and  the  seueral  Adjournments  therof. 


M'  John  Howland, 
Eoft  Finney, 
Nathaneell  "Warren, 
Constant  Southworth, 
Wiliam  Paybody, 
Pot  Studson, 
Isacke  Chettenden, 
Thomas  Tupper, 
James  Skiffe, 
M'  Wiliam  Parker, 
James  Walker, 


M"^  Thomas  Howes, 
M'  Edmond  Hawes, 
NathanieU  Bacon, 
M'  Anthony  Eames, 
Anthony  Snow, 
M"^  Stephen  Paine, 
M'  Thomas  Cooper, 
Josias  Cooke, 
Pichard  Higgens, 
John  WiUis. 


M'^  Wiliam  Bradford  and  M'  Thomas  Hinckley  were  chosen  deputies  by 
theire  townes,  but  afterwards  were  chosen  to  bee  Assistants,  as  abouesaid. 


*The  Grand  EncLuest. 


[*131.] 


swome.  < 


+  Edw  Jenkens, 
+  Henery  Bourne,  (ordered 
to  bee  forman  for  this 
Court,  the  forman  be- 
ing absent,) 
Wiliam  Merricke, 
Wiliam  Berstow, 
M'  Alexander  Standish, 
M'  NathanieU  Pish, 
Gorge  Bonum, 
Benj  amine  Nye, 
Abraham  Blush, 


swome.  ■ 


+ John  Doghed, 
Josepth  Warren, 
Wiliam  Maycomber, 
John  Adames, 
Steuen  Vinall,  + 
James  Burstell,  absent, 
John  Crow,+ 
Wiliam  Witherell, 
Tho  Liakcolne, 
Richard  Bowin, 
Thomas  Haward,  Juni', 
Zacariah  Soule. 


The  Cunstables  of  the  seuerall  Townes. 

Plymouth, Gyles  Eichard,  Seni',  sworne. 

Duxburrow, John  Tracye,  sworne. 


136 

1658. 

• — , . 

1  June. 

[Peence, 

governoe.] 


PLYMOUTH    COLONY    KECORDS. 

f  Humphrey  Johnson, ") 

Scittuate, •^^,_,  >  sworne. 

(^  isacke  xJucke,  J 

Sandwich, Thomas  Toby,  sworne. 

Taunton, Peter  Pitts,  swome. 

Yarmouth, M""  Anthony  Thacher,  swome. 

Barnstable, M'  Thomas  Allin,  sworne. 

r  "Wiliam  Foard,  Seni'', ' 

[  James  Doughtey, 

Rehoboth, Philip  Walker,  sworne. 

Eastham, John  Mayo,  to  bee  sworne  att  home. 

Bridwater, Marke  Laythorpe,  sworne. 


Marshfeild, 


sworne. 


Plymouth, 


Duxburrbw, 


Scittuate, . 
Sandwich, 
Yarmouth, 

Taunton, 

Marshfeild, 
Barnstable, 
Rehoboth, 

Eastham, 


Survayors  of  the  Highwaies. 

'  Steuen  Bryant, 
Samuell  Ryder, 
Benajah  Pratt, 
f  Experience  Michell, 
(  Francis  West. 
John  Hallett, 
Wiliam  Randall. 


r  Andi-ew  Hallett, 
\  Tho  Gage. 

John  Cobb, 

Rich  Burt. 


(  Richard  Sparrow, 
"  \  Nathaniell  Mayo. 


Bridgwater, John  Aimes. 

Freemen  admitted  this  Court,  and  sworne. 


M'  Thomas  Dexter,  Seni^ 
Thorn  Lewis, 
James  Lewis, 
John  Rouse, 
John  Adames, 
Abraham  Jackson, 


Wiliam  Foard,  Juni'', 
Morris  Truant, 
Wiliam  Holmes, 
M'  John  Browne, 
M'  James  Browne, 
John  Carre, 


Lawrance  Willis, 
Thomas  Haward, 
John  Howland, 

Phillip  Walker, 

101 

1658. 

Arther  Harris. 

T 

1  June. 

[Prencb, 

Governor.] 

•Freemen  admitted  this  Court,  and  sworne. 

[*133.] 

Will  Clarke, 

Josepth  Coleman,  Seni', 

James  Clarke, 

Walter  Briggs, 

Arther  Hathewey, 

Humphry  Johnson, 

Josepth  Dimham, 

Wiliam  Berstow, 

Gorge  Bonum, 

John  Hallott, 

Samuel!  Ryder, 

Wiliam  Brookes, 

Wiliam  Nelson, 

Gilbert  Brookes, 

M'  Wiliam  Witherell, 

Rich  Curtis, 

M""  Wiliam  Saijeant, 

Wiliam  Curtis, 

M-^  John  Miller, 

Walter  Hatch, 

M'  Thomas  Kinge, 

John  Sutton, 

Eesolued  White, 

John  Hanmore, 

John  Turner,  Seni', 

Mathew  Gannett, 

John  Turner,  Jimi', 

Wiliam  Merricke, 

Thomas  Pincen, 

Samuell  Freeman, 

Steuen  Vinall, 

Wiliam  Witherill, 

John  Vinall, 

Peter  Pitts, 

Jeremyah  Hatch, 

Thomas  Linkcolne, 

Eodulphus  Elmes, 

Thomas  Paine. 

Isacke  Bucke, 

Att  this  Court,  Captaine  Josias  Winslow  and  Constant  Southworth  are  of  this  s 

more  in 
booke  of  lawea. 


requested  and  appointed  by  the  Court,  together  with  the  Tresurer,  hee  and  ™"^  "*  *  ^ 


they  to  take  order  with  workemen  and  to  cause  prouison  to  bee  made  reddy 
for  the  erection  of  a  building  to  bee  joyned  to  the  prson  att  Plymouth,  to  bee 
a  house  of  correction ;  the  same  to  bee  of  equall  heighth  with  the  said  prison, 
and  to  bee  fourteen  foot  in  length,  &  to  bee  aded  to  it,  and  a  chimny  to  it. 

In  regard  of  the  much  trouble  that  Wiliam  Bassett,  of  Sandwich,  hath 
bine  att  the  last  yeare  in  the  execution  of  his  office  as  cunstable,  and  regard 
of  his  great  losse  that  hee  hath  lately  sustained,  the  Court  doe  allowe  him  the 
suine  of  fiue  pounds. 

Att  this  Court,  Anthony  Loe,  of  Warwicke,  appeered  to  answare  for  selling 
a  pistoll  to  an  Indian  att  Eastham,  haueing  bine  their  the  last  winter,  and  was 
found  faulty  in  the  said  pticulare,  and  for  the  same  was  fined  three  pounds. 

vol..  III.  .  18 


.138 


PLYMOUTH    COLONY    RECOEDS 


1658. 

1  June, 

Prexce, 

Gou'^ 

And  likewise 
not  to  vse  or 
carry  any  gun 
any  more ;  and 
incase  bee 
found  with  a 
gunn,  it  is  to 
bee  taken  from 
him. 


[*133.] 


These  since 
aded:  M' An- 
thony Thacher, 
Nathaniell  Ba- 
con, James 
Walker,  LeiP 
Rogers. 


Att  this  Court,  a  certaine  Indian,  named  Repent,  was  summoned,  and 
being  examined,  was  found  guilty  of  speaking  some  words  wherin  hee  inti- 
mated as  if  would  haue  shott  the  GoQ  att  his  returne  home,  or  to  the  like 
effect,  &  was  centanced  to  bee  whipt,  which  accordingly  was  executed.  Jon- 
athan Hatch,  found  faulty  in  som  respect  about  the  aforsaid  pticulare,  was 
admonished  and  released. 

Att  this  Court,  Robert  Harper,  Ralph  Allin,  Seni'',  John  Allin,  Tho 
Greenfeild,  Ed  Perry,  Richard  Kerby,  Juni',  Wiliam  Allin,  Tho  Vre,  "VVillam 
Gifford,  Gorge  Allin,  ecb,  Mathew  Allin,  Daniell  Wing,  John  Jenkens,  at>,  and 
George  Webb,  all  of  Sandwich,  being  summoned,  appeered  to  giue  a  reason 
for  theire  refusing  to  take  the  oath  of  fidelitie  to  this  goiiment  and  vnto  the 
state  of  England,  which  againe  being  tendered  them  iii  oppen  Court,  they 
refused,  saying  they  held  it  vnlawfuU  to  take  any  oath  att  all.  John  Newland 
was  likewise  summoned,  and  Thomas  Johnson,  but  being  lame,  appeered  not. 
Gorge  Webb  engaged  to  depart  the  goQment  in  a  short  time ;  the  other 
liable  to  pay  the  fine  in  that  case  amerced. 

*Att  this  Court,  a  counsell  of  warr  was  chosen,  whose  names  are  as  fol- 
loweth :  — 

M"^  Thomas  Prence,  Presedent. 
M'  Wiliam  Collyare,  M"^  Wiliam  Bradford, 

M'  Timothy  Hatherley,  M'  Thomas  Hinckley, 

M'^  John  Aldin,  M""  Thomas  Howes, 

Cap?  Thomas  Willett,  M'  Stephen  Paine,  and 

Capt  Josias  Winslow,  Constant  Southworth. 

Leiftenant  Thomas  Southworth, 


Of  this  see  These  eleuen,  or  any  fine  of  them,  being  orderly  called  together,  theire 

bookeofiawes  ^'^^^  *'°  ^®®  accounted  in  force,  and  they  to  bee  continued  in  theire  places  vntill 
others  bee  chosen. 

Liberty  is  graunted  to  the  milletary  companies  of  Plymouth,  Duxburrow, 
Scittuate,  and  Marshfeild,  or  to  any  three  of  them,  or  vnto  any  two  or  three 
of  any  of  the  other  milletary  companies  within  this  goQment,  that  if  they 
please  they  may  meet  together  to  haue  a  milletary  exersice,  and  such  a  meet- 
ing to  bee  accounted  for  three  dales  of  theire  ordinary  training. 

Ordered  by  the  Court,  that  the  milletary  companie  of  the  towne  of  Sand- 
wich shall  forbeare  to  traine  vntill  the  next  meeting  of  the  counsell  of  warr. 

Gorge  Soule,  Constant  Southworth,  and  Phillip  Delanoe  are  appointed 
by  the  Court  to  sett  the  range  betwixt  M'^  Bournes  and  Anthony  Snowes  lands 
att  Marshfeild,  to  run  the  line  on  the  same  point  of  the  compase  that  M' 


1  June. 
Peence, 


COURT    ORDERS.  ]39 

Bournes  range  now  nines  to  the  South  Riuer ;  and  what  they  aformencioned      1658. 
appointed  shall  doe  therein  shall  stand  feirme  for  the  future. 

M'  Hinckley  and  Nathaniell  Bacon  are  requested  and  appointed  by  the 
Court  to  take  order  with  iSi'  Allin  att  Barnstable  concerning  entertainment        Gou". 
of  the  GoQ  in  his  journeyes  to  Courts  &  homewards,  &3,  as  occation  shall 
require. 

In  consideration  of  the  trouble  and  expence  that  Constant  Southworth 
hath  bine  att  in  prouiding  for  the  majestrates  table  more  then  hetherto  hath 
bine  considered  by  the  Court,  this  ^sent  Court  doth  allow  fui-ther  vnto  him  the 
suine  of  three  pounds. 

On  the  complaint  of  Eobert  Studson,  for  want  of  a  convenient  way  from 
his  house  to  the  meeting,  this  Court  doth  request  and  appoint  M"^  Hatherley 
and  Capt  Cudworth,  with  any  other  whom  they  shall  choose,  to  lay  out  a  foot 
way  from  the  vper  meeting  house  att  the  North  Bluer  att  Scittuate,  vp  the 
said  riuer,  to  the  house  of  Robert  Studson,  soe  as  may  bee  most  convenient 
&  least  prejudiciall  to  any. 

*Wheras  M"^  Arther  Howland  ^sented  a  writing  vnto  the  Court  held  the  [*134.] 
2cond  Q-f  ]^j[arch  last  past  before  the  date  heerof,  which  said  writing  is  found 
full  of  factiouse,  seditious,  and  slanderouse  passages,  tending  to  the  desturb- 
ance  of  the  peace  of  this  goQment,  wherof  the  said  Arther  Howland  hath  bine 
convict  in  open  Court,  —  the  said  Arther  Howland,  att  this  Court,  acknowl- 
idging  that  hee  hath  done  euill  in  sundry  pticulares  expressed  in  the  said 
writing,  and  desired  the  Court  to  passe  them  by,  and  engageing  in  the  strength 
of  God  for  the  future  not  to  offend  in  like  manor  any  more,  the  Court,  con- 
sidering his  age  and  infeirmities  in  that  respect,  and  in  hopes  y'  this  ^sent 
admonition  may  bee  a  meanes  of  preuensyon  of  such  further  euill  in  him,  they 
haue  for  f  sent  pased  it  by,  with  this  prouiso,  that  if  hee  shall  offend  in  like 
manor  any  more,  this  his  great  offence  will  come  into  remembrance  to  agment 
the  punishment. 

Att  this  Court,  Humphrey  Norton  and  John  Bouse,  two  of  those  called 
Quakers,  appeered,  and  ^sented  themselues  in  the  towne  of  Plymouth  on  the 
first  of  June,  1658,  contrary  to  a  law  enacted  prohibiting  any  such  to  come 
into  the  coUonie,  and  were  apprehended  and  coinitted  to  ward  vntill  Thurs- 
day, the  third  of  June,  1658,  att  which  time  they  were  ;psented  before  the 
Court  and  examined,  and  behaued  themselues,  in  speciall  Humphry  Norton, 
turbulently,  and  said  vnto  the  GoQ  sundry  times,  "  Thow  lyest ;  "  and  said  vnto 
him,  "  Thomas,  thow  art  a  mallicious  man ;  "  in  like  manor  the  said  John  Rouse 
behaued  himselfe   in  his  words  vnto  the  Court  vnworthyly  ;   and  soe  were 


140  PLYMOUTH    COLONY    RECORDS. 

1658.      returned  vnto  the  place  whence  they  came  vntill  Saterday,  the  fift  of  June,  att 
'  which  time  the  said  Norton  and  Rouse  were  againe  sent  for  vnto  the  Court ; 

1  June. 

Fkence  ^**  which  Court  wheras  formerly  Christopher  Winter  had  deposed  to  a  paper 
Gou".  containing  sundry  notoriouse  errors  expressed  by  the  said  Norton,  and  by  him 
desired  to  bee  enquired  into,  a  coppy  of  the  said  paper  was  deliuered  vnto 
him  in  the  Court,  and  hee  was  demaunded  by  the  said  Winter  whether  hee 
would  deney  any  of  those  pticulares  therin  contained  ;  and  liberty  was  giuen 
by  the  Court,  that  incase  hee,  the  said  Norton,  would,  both  hee  and  the  said 
Winter  might  returne  to  the  prison,  with  three  or  foure  men  with  them,  to 
see  and  take  knowlidg  wherin  they  differed ;  and  accordingly  this  was  done, 
and  a  returne  made  of  very  little  difference  betwixt  what  Winter  affeirmed 
and  the  said  Norton  owned. 

Morouer,  att  the  same  time,  the  said  Norton  againe  carryed  very  turbu- 
lently,  saying  to  the  GoQ,  "  Thy  clamorouse  toungue  I  regard  noe  more  then 
the  dust  vnder  my  feet ;  and  thou  art  like  a  scoulding  woman ;  and  thow 
pratest  and  deridest  mee,"  or  to  the  like  effect,  with  other  words  of  like 
nature,  and  tendered  a  writing,  desirouse  to  read  it  in  the  Court ;  to  the  which 
the  GoQ  replyed,  that  if  the  paper  were  directed  to  him,  hee  would  see  it 
before  it  should  bee  openly  read ;  the  said  Norton  refused  to  deliuer  the  said 
paper  to  the  Gofl,  and  soe  it  was  prohibited  to  bee  read. 

Att  the  same  time,  the  said  Humphrey  Norton  and  John  Rouse  were 
required  seuerally,  that  as  they  professed  themselues  to  bee  subjects  to  the 
state  of  England,  that  they  would  take  an  oath  of-  fidellitie  to  bee  true  to  that 
state ;  which  they  refused  to  doe,  saying  they  would  take  noe  oath  att  all. 
In  fine,  the  said  Humphi-ey  Norton  and  John  Rouse  were  centanced,  accord- 
ing to  the  law,  to  bee  whiped;  the  which  the  same  day  accordingly  was 
pformed ;  and  the  vnder  marshall  requiring  his  fees,  they  refuseing  to  pay 
them,  they  were  againe  retui'ned  to  bee  in  dui-ance  vntill  they  would  pay  the 
same;  where  they  remained  vntill  the  tenth  of  June,  1658,  and  so  made 
composition  in  sofii  way  with  the  said  marshall,  and  soe  went  away. 
[*135.]  *In  regard  of  the  more  then  ordinary  occation  that  frequently  falls  out  in 

the  towne  of  Sandwich,  soe  as  theire  cunstable  is  not  able  alone  to  discharge 
and  pforme  all  such  thinges  there  which  respect  his  office  by  reason  of  many 
desturbant  psons  there  residing,  — 

It  is  enacted  by  this  Coui-t,  that  there  shalbee  a  marshall  chosen  in  the 
towne  of  Sandwich  for  to  doe  such  seruises  as  shalbe  required  of  him  by  the 
goilment ;  in  the  townes  of  Sandwich,  Barnstable,  and  Yarmouth  as  followeth  : 
hee  shall  assist  the  head  marshall  as  need  shall  require,  and  alsoe  to  execute 


COURT    ORDERS. 


141 


1  June. 
Prence, 


all  such  warrants  as  shalbee  issued  out  by  the  Goil  or  any  of  the  Assistants      1658 
from  time  to  time ;  and  incase  the  head  marshal!  shall  make  any  destresse    *~ — ^ 
according  to  order,  and  the  pty  on  whom  the  destresse  is  made  will  not  joyne 
with  the  head  marshall  in  making  choise  of  some  to  prise  the  thinges  seized        Gou». 
on,  then  this  marshall  shall  joyne  with  the  head  marshall  in  vallueing  and 
prising  of  the  thinges  soe  destressed  for  countrey  vse. 

And  incase  the  warrant  dii-ected  to  this  marshall  of  Sandwich  for  the 
gathering  in  of  fines,  and  is  driuen  to  make  destresse,  then  hee  shall  haue 
power  to  make  choise  of  one  with  him ;  and  if  the  pty  refuse  to  prise  the  said 
goods  soe  seized  on  for  the  countreyes  vse,  and  to  haue  two  shillings  in  the 
pound  for  gathering  of  them  in ;  further,  hee  shall  haue  full  power  to  acte  as 
a  cunstable  in  all  thinges  in  the  towne  of  Sandwich,  according  to  such  war- 
rants as  shalbee  directed  vnto  him. 

The  oath  of  the  marshall  of  Sandwich,  Barnstable,  and  Yarmouth  is  as 
foUoweth  :  — 

You  shall  faithfully  serue  in  the  office  of  a  marshall  for  the  townes  of 
Sandwich,  Barnstable,  and  Yarmouth  for  this  g>sent  yeare ;  you  shall  faithfully 
execute  all  such  warrants  as  shalbee  by  the  God  and  any  of  the  Assistants  att 
any  time  directed  to  you ;  you  shalbee  assistant  to  the  head  marshall  in  gath- 
ering of  fines  and  leuing  of  executions  in  the  townes  before  mencioned ;  you 
shall  reddily  joyne  with  the  said  vper  marshall,  according  to  youer  best 
vnderstanding,  to  valine  and  apprise  for  the  countrey  any  such  fine  or  fines, 
sume  or  suraes,  as  hee  shalbee  ordered  to  gather,  leuy,  or  distraine,  in  any  of 
the  places  aforsaid ;  you  shall  alsoe  faithfully  gather,  leuy,  distraine,  and 
receiue  all  such  fines  as  by  warrant  to  youer  selfe  directed  you  shalbee 
required,  not  exceeding  for  such  seruice  youer  allowed  fees ;  and  in  the  towne 
of  Sandwich  you  shall  in  all  thinges  acte  as  a  cunstable,  by  apprehending  fel- 
lons  or  other  suspisious  psons,  keeping  of  the  peace,  serueing  of  warrants,  or 
any  other  publicke  seruice  that  of  the  said  cunstable  may  bee  required. 

The  Court  haue  appointed  Gorge  Barlow  vnto  the  said  office  for  the 
following  yeare. 

*Att  this  Court,  liberty  is  graunted  vnto  M"'  Josias  Winslow,  Seni"",  to      [*136.] 
looke  out  a  place  to  supply  him  with  twenty  fine  acres  of  land,  bought  by 
him  of  Wiliam  Fipps,  deceased,  according  to   order   of  Court  extant;  and 
when  hee  hath  found  out  such  a  place,  hee  is  to  acquaint  two  of  the  majes- 
trates  with  it ;  and  if  it  bee  found  conuenient,  it  shalbee  confeirmed  to  him. 


142  PLYMOUTH    COLONY    EECORDS. 

1658.  A  portion  of  land  is  graunted  by  the  Court  vnto  M"^'  Jolin  Done,  Josias 

''    "^    Cooke,  Richard  Higgens,  and  Richard  Sparrow,  lying  betwixt  Bridgwater  and 

Pbencb       Waymouth,  which  was  formerly  mencioned  by  Capt  Cudworth  and  others  ; 

GoTjK.        t]]^e  said  M'  Done  and  the  rest  to  haue  considerable  proportions  of  the  said 

land,  answarable  to  others  in  like  case  ;  and  for  the  remainder,  that  John 

Smally  and  others  bee  supplyed  out  of  it,  bearing  theire  pte  in  the  charge. 

Wheras  Leiftenant  Josepth  Rogers  had  liberty  graunted  him  by  the  Court 
to  make  choise  of  some  smale  pcells  of  meddow  grounds  that  were  free  from 
any  engagement,  the  said  Leiftenant  Rogers,  with  the  approbation  of  M"" 
Prence,  GoQ,  hath  purchased  of  the  Potonumaquatt  Indians,  namly,  vizj, 
Pompmo,  the  right  propriator  of  those  lands,  as  alsoe  of  Francis,  the  sachem 
to  whom  the  said  Pompmo  gaue  a  portion  of  meddow  att  Potonumaquatt,  two 
small  portions  of  meddow,  one  called  Aquaquesett,  being  about  fine  acres, 
more  or  lesse,  and  another  smale  pcell  att  a  place  called  Mattahquesett,  being 
about  an  acre  and  an  halfe,  more  or  lesse ;  the  sale  of  both  which  pcells  were 
acknowlidged  before  the  Gofi,  with  due  satisfaction  receiued. 

Such  as  were  appointed  by  the  Court  to  bee  ouerseers  of  the  children  and 
estate  of  M"^  Allexander  Winchester,  deceased,  —  vizj,  Richard  Bowin,  Leif- 
tenant Peter  Hunt,  and  John  AUin,  of  Rehoboth,  —  haue  appointed  vnto  M'' 
Nicolas  Pecke  a  home  lott  of  land,  being  twelue  acres,  more  or  lesse,  in  the 
towne  of  Rehoboth,  with  an  house  and  barne  theron,  and  all  and  singulare 
the  appurtenance  belonging  vnto  the  said  ^mises,  as  his  pte  or  portion  of 
land,  with  his  wife,  named  Mary,  the  eldest  daughter  of  the  said  M"^  Win- 
chester ;  and,  according  to  the  order  of  the  said  Richard  Bowin,  Peter  Hunt, 
and  John  Allin,  it  is  heer  entered. 

This  is  to  certify  all  whom  it  may  concerne,  that  all  that  was  required 
vpon  the  arbetration  betwixt  James  Walker  and  Wiliam  Hailstone  is  pformed 
by  the  said  James  Walker. 

M'  Paddy  and  M"^  John  Winslow  are  requested  and  appointed  by  the 
Coru-t,  to  joyne  with  our  comissioners  att  Boston  to  giue  meeting  to  those 
that  shalbee   sent  from-  Road  Hand,  to  deside  the  controuercy  about  Hogg 
Hand. 
[*137.]  *Leiftenant    Southworth,   John    Dunham,    Seni"",   Robert   Finney,   John 

Barnes,  and  Thomas  Pope  are  requested  and  appointed  by  the  Court  to  sett 
the  range  betwixt  Nathaneell  Warren  and  Robert  Bartlett  on  the  lands  they 
now  hue  on,  and  they  to  begine  the  range  where  it  was  att  the  first  as  neare 
as  may  bee  ;  and  wher  any  land  is  impaired  by  the  sea,  that  not  to  hinder  the 
range ;  and  what  these  find,  or  any  three  of  them  agree  on,  to  stand. 


COUKT    ORDEES.  I43 

Order  by  the   Coui-t,  that  the  center  of  the  towne  of  Bridgwater  shalbee      16  58. 

sett  some  time  this  summer  before  October  Court.  ~~"~~i ' 

It  is    agreed    on  by  the  Court,  that  there  shalbee  chosen  such  as  the       ^  "^'■"^' 

Prence, 

towne  of  Bridgwater  shall  thinke  meet,  that  are  noe  way  engaged  in  the  New        Gou". 
Plantation  of  DuxbiuTow,  to  view  out  the  land  and  meddow  desired  by  Bridg- 
water,   and  to  consider  of  the  resonablenes  of  theire  desire  in  reference  to 
the  accoinodateing  of  some  vsefuU  men  that  may  bee  vsefull  in  church  and 
coiiionwealth,  and  make  true  report  of  the  same  as  things  are  to  the  Court. 

Jonathan  Aldin  approued  by  the  Coui-t  to  bee  ensigne  bearer  of  the  mil- 
letary  company  of  Duxburrow. 

Wheras  Susana  Latham  hath  stood  f>sented  vnto  this  Court  for  sundry  Att  the  Court 
yeares  for  crewelty  toward  John  Walker,  seruant  to  Robert  Latham,  these  are  outh  the  fift'oi 
to  signify,  that  accordingly  as  it  was  manifested  in  the  Court,  that  if  any  will  October,  I60S, 

proclaimation 

come  in,  they  shall  haue  full  and  free  libertie  to  procequte  against  her  att  the  was  made  three 
next  October  Court,  or  otherwise  that  then  the  said  p>sentment  shalbee  raced  c™rt™hat'if 
out  of  the  Coui-t  records.  '^'^y  ■»"0"id  P''"- 

cecute  against 

Ordered  by  the  Coru-t,  that  whether  the  majestrates  send  for  grand  jury-  Susanna  La- 
men  from  Sandwich,  or  they  bee  sent  by  the  towne,  or  come  willingly,  yett  to™is  oTder,"^ 
notwithstanding  they   shalbee   allowed   two    shillings   and   six  pence   a   day,  t'^'^y ''^""''^ 

°  •'  _  °  ^  -"bee  heard ;  but 

according  to  the  former  order  about  it.  none  appecr..d 

And  it  is  left  to  the  other  townes  of  this  goQment  to  agree  with  theire  according  to 
owne  grand  iurymen,  as  in  speciall  Eehoboth  and  Eastham.  ^^^^  °^^''^' '"'''' 

"  ■>      •>  '  r  psentment -ivas 

Ordered  by  the  Court,  that  the  clarke  shall  forthwith  supply  with  all  rased  out  of  the 

11  Ti  «,...-,..  -iiin  /•   records  of  the 

convenient  speed  the  seuerall  townes  01  this  jurisdiction  with  the  booke  01  court. 
the  lawes  therof,  the  townes  to  find  bookes,  and  hee  to  write  them  as  aforsaid ;  This  was  not 
and  in  case  hee  doe  speedily  doe  it,  hee  is  to  haue  ten  shilling  of  each  towne  *    j  j  v, 
more  then  his  ordinary  wages  ;  and  if  any  towne  shall  refuse,  to  find  a  booke,  the  booke  of 

lawes  was  not 

the  clarke  engageth  to  procure  paper  out  of  the  said  ten  shillinges  to  make  fully  revised  by 

T  ,       .  the  Court  at 

them  a  book.  this  Court. 

The  Court  doe  declare,  concerning  Leiftenant  Ryder,  that  forasmuch  as  -^"'  ^™'"^'  "" 

,  _  ..  "»^  Court  held 

such  difierences  as  were  betwixt  him  and  others  (which  were  the  cause  that  the  2'™=!  of  Oc- 
the  Court  required  him  to  forbeare  acting  in  his  place)  are  ended,  that  hee  is  ,^^5  renewed 
approued  of  as  the  leiftenant  of  the  milletary  companie  of  Yarmouth,  and  to  ^'^™"'<''"g  '° 

■^■^  J  1.  the  tearmes 

acte  in  his  place  as  formerly.  aboue  speci- 

fyed. 

*An  agreement  made  the  15""  of  May,  1658,  in  the  ]p>sence  and  with  the      [*138.] 
healp  of  M'  John  Alden  and  Cap?  Josias  Winslow,  appointed  therunto  by  the 
Court,  touching  a  difference  between  the  inhabitants  of  Barnstable  and  Paup- 
munnucke  with  the  other  Indians,  his  associates,  about  certaine   land  pur- 


1  June. 
Pkence, 


144  PLYMOUTH    COLONY    RECORDS. 

1658.  chased  of  the  said  Indians  in  former  contracts,  bearing  date  the  IT"*  of  May, 
1648,  and  the  first  of  February,  (48,)  vizj,  that  the  said  Panpmunnucke, 
Moash,  Waumpum,  and  the  rest  of  theire  associates,  haue  fully  and  absolutely 
Gou".  resigned  vp  all  the  right,  title,  and  claime  which  any  or  all  of  them  haue  or 
can  make  for  themselues,  or  any  others  of  theire  associates,  in  all  and  euery 
pte  of  those  lands  expressed  in  any  of  the  aforsaid  contracts,  excepting  the 
thirty  acres  excepted  in  the  former  contract,  bearing  date  the  17*'^  of  May, 
(48,)  lying  att  a  necke  called  Cotochesett,  and  all  the  lands  lying  to  the  west- 
ward of  Satuite  Riuer,  and  the  westward  of  a  north  west  line  ruiiing  from 
the  easterly  side  of  the  next  planting  feild  to  Coituite  Pond,  lying  on  the 
easterly  side  of  the  said  riuer,  vnto  the  bounds  betwixt  Sandwich  and  Barnsta- 
ble, vnto  the  said  inhabitants  of  Barnstable,  vnto  theire  proper  vse  and 
behoofe  foreuer  against  any  claimes  by  them  or  any  other  Indians  whatsoeuer ; 
alsoe,  it  is  further  agreed,  that  it  shalbee  free  either  for  Indians  or  English  to 
fetch  such  alewiues  for  theire  vse  as  they  shall  take  in  the  said  riuer.  The 
said  Paupmunnucke  and  his  associates  doe  alsoe  heerby  acknowlidg  themselues 
fully  paied  and  quetly  satisfyed  and  contented  for  euer  without  any  further 
trouble,  binding  of  themselues  to  keep  the  former  conditions  about  theire 
setting  trapps,  with  all  the  ^mises  aforsaid.  In  witnesse  wherof  they  haue 
heervnto  sett  theire  hands. 

The  markes  of  PAUPMUNUCKE, 

MOASH, 

WAVMPUM, 

CHARLES  is  my  name,  (an  Indian.) 
Witnesse. 

John  Alden, 

Josias  Winslow. 

A  true  coppy  taken  out  of  the  towne  booke,  p  mee, 

THOMAS   HINCKLEY,  Scriba. 

The  21^  of  May,  1658.  The  line  between  vs  and  the  Indians  aforsaid 
was  accordingly  sett  at  the  east  side  of  the  aforsaid  feild,  onely  makeing  a 
sett  to  a  bound  marked  tree,  leaueing  the  skirts  of  good  land  lying  about  the 
said  Coituite,  allies  Soituite,  Pond,  to  the  Indians,  according  to  their  desire, 
Richard  Bourne,  of  Sandwich,  being  theire  ^sent,  according  to  the  desire  of 
M'  John  Aldin  and  Cap?  Josias  Winslow. 
This  25  of  May,  (58.) 

Pmee,  THOMAS   HINCKLEY, 

Scriba  Barnstabie; 


1  June. 

PRENCE, 


COURT  ORDERS. 

In  answaxe  to  a  petition  prefered  to  the  Court  by  the  men  of  Eeboboth, 
requesting  soffi  inlargment  of  lands  and  meddowes  on  the  north  side  of  theire 
towne  of  such  lands  and  meddowes  as  are  not  yett  disposed  of,  the  Court 
graunts  that  they  may  improue  such  said  lands  and  meddow  for  the  g>sent ;  G<"'*' 
and  if  the  Court  shall  haue  occation  to  dispose  therof,  they  will  not  soe  doe 
vntUl  they  haue  further  notice  from  the  petitioners. 

*May,  Aiio  Dom  1658.  [*139.] 

Wittnesseth  these  f  sents,  that  Janno  hath,  the  day  and  yeare  aboue 

written,  for  and  in  consideration  of  six  coates,  six  paire  of  smale  breeches,  ten 

howes,  ten  hatchetts,  2  brasse  kettles,  the  one  of  six  spans  and  the  other  of 

seauen  of  Joannes  aforsaids  spans,  and  one  iron  kettle  of  six  spanes,  to  bee 

paied  to  him,  Joanna,  or  his  assignes,  the  one  halfe  moyetie  by  the  first  of 

August  next   ensueing  the  date  heerof,  and  the  other  halfe  moyety  by  the 

midle  of  May  which  shalbee  in  the  yeare  of  our  Lord  1659,  bargained,  sold, 

and  confeirmed  vnto  M'  John  Alden  and  M'  Josias  Winslow,  in  the  behalfe 

of  the  townesmen  of  Yarmouth,  all  that  tract  and  tracts  of  land,  both  vpland 

and  meddowes,  lying  and  being  between  the  Basse  Pond  Riuer  and  a  riuer 

called  by  an  Indian  name  Tamahappaseeakon,  by  the  English  the  Fresh  Riuer, 

and  soe  alonge  that  riuer  to  a  great  swamp  att  the  head  therof,  and  from  the 

westermost  end  of  the  said  swampe  on  a  straight  line  throw  the  land  vnto 

Stoney  Coue  Riuer,  with  all  the  profitts,  fquesites,  and  appurtenances  thervnto 

or  to  any  pte  or  pcell  therof  in.  any  wise  belonging,  to  haue  and  to  hold  the 

said  tracts  of  land  to  the  towne  of  Yarmouth  for  euer,  and  to  defend  and  saue 

harmles  from  time  to  time  the   said  townsmen  of  Yarmouth,  and  euery  of 

them,  of  and  firom  all  titles,  claimes,  and  molestations  which  shalbee  made  by 

any  Indian  or  Indians  to  the  said  tract  of  land,  or  any  pte  or  pcell  of  the 

same,  att  any  time  heerafter.     In  witnes  wherof  the  said  Joanno  heervnto 

hath  his  marke. 

The  marke  +  of  the  said  JOANNO. 

In  the  ^sence  of 

Thomas  Dexter, 

The  marke  of,  | f ,  Josias,  an  Indian, 

The  marke  of  Nick,    ^^j  an  Indian. 

June  the  fift,  1658.     Liberty  was  graunted  by  the  Court  vnto  Phenias       5  June. 
Prat,  or  any  for  him,  to  looke  out  a  pcell  or  tract  of  land  to  accomodate  him 
and  his  po^steritie  withall,  together  with  other  freemen,  or  alone,  as  hee  shall 

VOL.    HI.  19 


146  PLYMOUTH    COLONY    RECORDS. 

1658.      thinke  meet,  and  to  make  reporte  of  the  same  vnto  the  Court,  that  soe  a  con- 
\  ^  siderable  proportion  therof  may  bee  confeirmed  vnto  him. 

0  June. 
Prenoe, 

*A  Writins;  appointed  to  bee  recorded. 
[*140.] 

Wheras  there  hath  been  some  vnhappy  differences  between  the  towne  of 
Yarmouth  and  theire  comitties  concerning  some  lands  which  they  apprehend- 
ed were  formerly  purchased  of  Jana,  but  through  som  neglect  of  theires  in  not 
paying  of  the  Indian  for  the  said  lands,  haue  bine  of  late  deneyed  by  him  to 
bee  sould,  and  the  possessors  moUested.  M'^  John  Alden  and  Cap?  Josias 
Winslow  being  ordered  by  the  Court  to  heare,  and  if  it  might  bee,  determine 
such  differences  as  were  either  between  the  English  before  mencioned  or 
between  the  comittees  and  the  Indian,  the  towne  of  Yarmouth  haueing  made 
choise  of  M"^  Edraond  Hawes,  Robert  Denis,  Ed  Sturgis,  and  Thomas  Board- 
man,  and  impowered  them  to  manage  and  issue  theire  aforsaid  differences,  there 
being  propositions  made  on  both  sides  tending  to  a  composure,  yett  they  not 
fully  closing  in  theire  propositions,  but  refering  it  by  mutuall  agreement  to  the 
abouesaid  M"^  John  Alden  and  Captains  Josias  Winslow  as  vmpiers,  to  deter- 
mine between  them  about  the  ^mises. 

Wee,  the  abouesaid  John  Alden  and  Josias  Winslow,  doe  determine  as 
foUoweth,  vizj  :  that  the  charge  of  the  purchase,  as  now  agreed  vpon  between 
vs  and  Jana,  shalbee  equally  bourne  betwixt  the  said  coinittees  and  the  towne  ; 
and  further,  that  the  other  six  pounds,  which  is  charges  that  the  towne  haue 
bine  att  about  this  busines,  shalbee  foure  pounds  of  it  bourne  by  the  towne, 
and  by  M"^  Anthony  Thacher,  and  M""  Howes,  twenty  shillinges  a  peece,  and 
of  this  latter  six  pounds  old  M"^  Crow  to  bee  excused ;  and  that  this  bee  a 
finall  end  of  all  differences  about  the  ^mises. 

May  the  14^  1658. 

JOHN   ALDEN, 

JOSIAS   WINSLOW. 

The  15'"  of  March,  1657. 

Wee,  whose  names  are  vnderwritten,  being  appointed  to  view  the  corpes 
of  Simon  Dauis,  late  deceased,  being  a  child  about  2  yeares  old,  the  son  of 
Nicholas  Dauis,  of  Barnstable,  declare,  according  to  our  best  vnderstanding, 
how  hee  came  by  his  death,  doe  find  as  followeth  :  that  the  corpes  was  taken 
out  of  the  water  in  the  creeke  dead ;  wee  find  alsoe  that  the  necke  of  the  said 
Simon  Dauis  was  misplaced,  but  wee  can  not  find  that  there  was  any  violence 


COURT    ORDEKS. 


147 


offered  to  him  that  might  bee  the  cause  of  his  death;  it  being  the  IS""  day      1658 
of  Febrewary  when  the  corpes  was  taken  vp. 


HENERY  COBB, 
JOHN   SMITH, 
ISACKE   ROBINSON, 
MATHEW  FULLER, 
TRUSTRUM   HULL, 
JAMES   HAMBLEN, 
DAUID   LYNNALL, 
JOHN   i   CARSLEY,  Hs  marke. 
ISACKE   i   WELLS,  his  marke. 
ANTHONY  ANNABLE, 
NATHANIELL  BACON, 
JOSEPTH  LAYTHORPE. 


— Y — 

6  June. 

Pbenoe, 

Gou". 


*^tt  the  Court  of  Assistants  held  att  Plymouth  the  fourth  of  August,     *  August. 

1658.  [*141-] 

Befor  Wiliam  CoUyare,  Leifitenant  Thomas  Southworth,  and 

Capt  Josias  Winslow,  Ensigne  "Wiliam  Bradford, 

Asistants,  &(3. 

VPON  the  complaint  of  Gorge  Bonum  against  Josepth  Ramsden,  for  non 
paiment  of  a  barrell  of  tarr  due  to  him  from  the  said  Ramsden,  hee, 
the  said  Ramsden,  afeirming  that  hee  had  paied  the  said  barrell  of  tarr  to 
Gyles  Rickard,  Seni'',  for  the  vse  of  the  said  Bonum,  w''  hee  could  not  proue, 
the  Court  ordered,  that  with  all  convenient  speed  hee  should  pay  a  barrell 
of  tarr  to  the  said  Gorge  Bonum. 

The  Court  haue  ordered,  that  the  Tresurer  shall  require  the  fines  due 
for  the  breach  of  the  law  prohibiting  the  frequenting  of  the  Quakers  meetings, 
according  to  a  list  of  names  giuen  in  by  Gorge  Barlow,  the  marshall  of  Sand- 
wich, of  sundry  there  which  haue  transgressed  the  said  order,  vizj,  that  the 
said  fines  bee  leuied  according  to  what  is  dew  for  the  trespas  once  comited, 
and  that  the  fine  of  forty  shillings  bee  required  of  Wiliam  Alhn,  of  Sand- 
wich, for  pmiting  a  Quakers  meeting  in  his  house,  contrary  to  the  order  of 
Court. 


148 


PLYMOUTH    COLONY    KEC0KD3. 


1658. 

4  August. 

Pkenoe, 

Gou". 


M'  Josias  WinsloWj  Seni% 
M''  John  Bradford, 
M"^  Samuell  Ai-nold, 
Thomas  Doghead, 
John  Russell, 
John  Adams, 


Timothy  Williamson, 
Abraham  Jackson, 
Samuell  Baker, 
Anthony  Snow, 
Josepth  Rose, 
John  Caruer, 


being  impannelled  and  sworne  to  site  ypon  the  corpes  of  John  Phillipes, 
Juni',  whoe  very  suddenly  expired  on  Satterday,  the  last  of  July,  1658,  — 

Wee  find,  that  this  ^sent  day,  John  Phillips,  Juni"^,  came  into  his  dwell- 
ing, lately  knowne  or  called  M'  Buckleyes  house,  in  good  health,  as  Goodwife 
Williamson  afeirmeth,  and  satt  vpon  a  stoole  by  the  chimney,  and  by  an 
iinediate  hand  of  God,  manifested  in  thunder  and  lightening,  the  said  John 
Phillipes  came  by  his  death. 

Att  the  Court  aboue  expressed.  Cap?  Richard  Morris  complained  of 
som  injuries,  both  by  speeches  and  carriages,  offered  vnto  him  by  som  Indians 
bordering  vpon  Rood  Hand,  within  the  lymetts  of  this  goQment.  One  of  the 
said  Indians,  being  now  att  y^  Court  on  other  occations,  was  by  the  Couat 
to  carry  soe  noe  more ;  but  incase  any  materiall  differences  should  arise 
betwixt  the  said  Morris  and  them  theire,  that  they  should  repaire  to  the 
Court,  and  make  their   complaint,  and  shalbee  heard. 

These  are  to  signify  vnto  all  whom  it  may  concern,  that  John  Ensigne, 
the  son  of  Thomas  Ensigne,  hath  chosen  Captaine  James  Cudworth  to  bee  his 
guardian  vntill  hee  come  to  bee  age. 


29  September.    *Att  the  2'""^  Scssion  of  the  Court  held  att  Plymouth  the  29'^  of 
[*142.]  September,  1658. 

By  the  Majestrates  and  Deputies  assembled. 

A    N  order  dii-ected  to  M'  Josepth  Tilden,  as  foUoweth  :  — 

M'  Tilden  :  You  may  please  to  take  notice,  that  the  Court,  haueing 
considered  youer  request  to  our  honered  GoQ  for  a  further  hearing,  doe  graunt 
you  libertie  to  haue  a  review  of  the  trauerse  of  youer  g>sentment,  you  bearing 
the  charge  of  the  Court,  and  shalbee  glad  if  you  can  cleare  youerselfe.  The 
time  appointed  to  attend  the  same  shalbee  on  the  sixt  day  of  the  same  weeke 
wherin  March  Court  next   shalbee  kept,  if  you  manifest  youer   acceptance 


COURT    ORDERS.  149 

therof  to  this  next  October  Comt,  that  soe  oppertunitie  may  bee  had  to  giue      165  8. 
notice  to  those  that  haue  heertofore  had  cause  to  make  plea  against  you  to  ''■       ' 

29  September. 

appeer  theratt.  „ 

Pmee,  NATHANIELL  MORTON,  go^"-' 

Clarke  of  the  Court. 

Wheras,  in  answare  to  a  petition  prefered  by  M"^  Josepth  Tilden,  the 
Court  haue  graunted  ynto  the  said  Josepth  Tilden  a  review  of  the  trauerse 
of  his  Jpisentment,  to  bee  tryed  on  the  sixt  day  of  the  weeke  in  the  which  the 
next  March  Court  wilbee.  The  Court  haue  appointed  Humphrey  Johnson 
and  Gilbert  Brookes  as  attorneys  in  the  behalfe  of  the  Court  to  appeer  in  the 
case,  and  to  haue  recourse,  as  occation  shall  require,  to  any  majestrate  for 
supenaes  to  giue  euidence  in  the  case. 

The  Court  giueth  libertie  vnto  John  Irish,  of  Duxburrow,  to  make 
enquiry  and  serch  out  a  portion  of  land  to  accomodate  him  according  to  his 
indenture,  and  Constant  Southworth  hath  engaged  to  healp  him  therin ;  and 
the  like  is  graunted  by  the  Court  to  any  other  in  like  condition  that  are  able 
to  claime  the  like  libertie  by  the  like  right  as  the  said  Irish  hath  done. 

M'  CoUyare,  M'  Alden,  and  Constant  Southworth  are  requested  and 
appointed  by  the  Court  to  take  some  speedy  course  to  reduce  Goodwife 
Thomas,  a  Welch  woman,  liueing  att  the  North  Riuer,  to  Hue  more  orderly, 
soe  as  shee  bee  not  for  the  future  indangered  to  come  to  missery  and  extrem- 
ity, as  formerly  shee  hath  bine. 

Likewise,  the  deputies  of  each  towne  were  requested  to  enquii-e  in  theire 
respectiue  townes  concerning  such  psons,  and  to  make  report  to  the  Court 
of  such,  if  any  shalbee  found. 

The  Court,  by  joynt  consent,  agreed  that  a  cheife  milletary  officer  should 
bee  chosen,  whoe  shall  bee  stUed  a  major,  the  tenor  of  whose  office  is 
expressed  more  att  large  three  pages  forward  in  this  booke ;  and  the  Court 
alowed  vnto  such  a  one  as  should  bee  chosen  the  sume  of  ten  pound  as  a 
small  gratuitie. 

It  was  ordered  by  the  Court,  that  the  railing  papers  sent  to  the  GoQ,  to  Of  this  see 
M'  Alden,  from  Humphrey  Norton,  together  with  Winters  deposition  &  Nor-  ^^^^  ^^  ^^:^_ 
tons  reply,  should  bee   put  on  publicke  records  ;  and  that   due  course  bee  ^^'^"'^  °^  imis, 

^  ■'  recorded  att 

forthwith  taken  to  apprehend  the  body  of  the  said  Norton,  that  soe  hee  may  the  latter  end. 
bee  brought  to  condign  punishment,  according  to  his  demerits. 


160 


PLYMOUTH    COLONY    KECORDS. 


1658.      *M  the  Generall  Court  holden  att  Plymouth  the  2""^  of  October, 


Thomas  Southworth, 
Wiliam  Bradford,  and 
Thomas  Hinckleyj 


2  October. 

1658. 

Pbencb, 
Gou*. 

Befoke  Thomas  Prence,  GoQ, 

[*143.] 

Wiliam  CoUyare, 

John  Alden, 

Josias  "Winslow, 

Assistants,  &6. 

LEIFTENANT  MATHEW  FULLER,  being  psented  for  speaking 
reproachfully  of  the  Court,  and  saying  the  law  enacted  about  minnes- 
ters  maintainance  was  a  wicked  and  a  diuillish  law,  and  that  the  diuell  satt 
att  the  Sterne  when  it  was  enacted,  the  words  being  proued,  hee  refering  him- 
selfe  to  the  Bench,  they  sensure  to  bee  fined  fifty  shillings. 

M'  "Wiliam  Hedge  being  fsented  for  threatening  to  haue  the  bloud  of 
Edward  Sturgis,  vpon  some  smale  diiference  betwixt  them,  the  Court  doe 
censure  him  to  pay  to  the  countries  vse  the  suine  of  ten  shillinges. 

Leiftenant  James  Wiatt  to  bee  sharply  reproued  for  his  writing  a  note 
about  comon  business  on  the  Lords  day,  att  least  in  the  euening  somewhat  to 
scone. 

Tho  Lucas  being  ^sented  for  being  taken  in  drinke,  it  being  the  2°°°* 
time  hee  hath  bine  convict  of  this  crime,  hee  is,  according  to  the  order  of 
Court,  fined  ten  shillings,  and  for  his  retailing  of  strong  liquors,  himselfe  con- 
fessing it,  hee  is  fined  fiue  shillinges  to  the  countreyes  vse. 

Lydia,  the  wife  of  Henery  Tayler,  being  ^sented  for  retailing  and  selling 
stronge  waters  to  an  Indian,  shee  confessing  the  same,  is  fined  to  the  coun- 
treyes vse  fiue  shillings. 

"Wiliam  Newland,  for  neglecting  to  bring  his  daughters  to  the  Court, 
according  to  a  warrant  directed  to  him  for  that  end,  fined  twenty  shillings. 

The  proportions  of  the  rates  of  the  seuerall  townships  for  this  yeare  were, 
vizj,  for  the  charge  of  the  majestrates  table  and  of  the  comissioners  and  pub- 


wages,  as  lolloweth  :  — 

Plymouth, 

.     .     .     06  :  13  :  06 

Duxburrow, 

.     .     .     06:00:    9 

Scittuate, 

.     .     .     10:16:    6 

Sandwich, 

.     .     .     .     07 :  17 :  00 

Taunton, 

.     .     .     06:02:00 

Yarmouth, 

.     .     .     06:00:09 

COURT    ORDERS. 

Barnstable, 06  :  13  :  06 

Marshfeild, 06  :  00  :  06 

^  ,     ,      ,  2  October. 

Rehoboth, 10:16:06  p^,^,,,_ 

Eastham, 04  :  07  :    0  ^S"""- 


71:08:08 


Bridgwater  to  ease  Duxburrow  rate  a  third  pte. 

*Nathaniell  Bacon  appointed  by  the  Court  to  reserue  the  smale  estate  of      [*  144.1 
Hugh  Jackson,  and  to  bee  responsable  to  giue  account  therof  when  any  true 
propriator  shall  lay  claime  thervnto. 

The  Court  haueing  taken  into  theire  seriouse  consideration  some  signes 
of  Gods  despleasure,  manifested  by  his  afflicting  hand  on  the  country,  ptely 
by  his  visetation  of  many  families  and  psons  with  sicknes  and  weaknes,  and 
ptely  by  the  vnseasonablenes  of  the  weather  for  the  inng  the  fruites  of  the 
earth  for  our  owne  food  and  stouer  for  our  cattle,  as  alsoe  by  leting  loose  as  a 
scourge  vpon  vs  those  freeting  gangreinlike  doctrines  and  psons  commonly 
called  Quakers,  and  not  hetherto  soe  effectually  blessing  our  indeauors  as  wee 
haue  desired  for  preuenting  theire  infection  and  desturbance,  as  alsoe  by  the 
two  much  preuailing  of  a  sperit  of  deuision  and  disvnion  both  in  church  and 
ciuell  affaires,  to  the  great  dishonor  of  God  and  discomfort  one  of  another, 
and  therfore  doe  desire  a  generall  day  of  humiliation  may  bee  kept  by  the 
churches  and  inhabitants  of  this  jurisdiction,  as  conceiueing  that  by  the  fmises 
God  doth  aloude  call  vs  to  see  what  it  is  hee  therby  speakes  to  vs,  and  to 
humble  our  soules  before  him,  seeking  his  face,  &(3.  The  day  pitched  vpon 
for  the  aforsaid  duty  is  the  21  of  this  ^sent  October,  1658. 

The  Court  haue  appointed  and  deputed  James  Skiffe  to  exercise  the 
milletaiy  companie  of  Sandwich  in  theire  armes  att  such  times  as  they  shall 
haue  occation  to  traine,  although  not  as  an  officer,  but  to  supply  in  the  stead 
of  one  to  exercise  them  in  armes  as  aforsaid  vntill  other  healp  can  bee 
procured. 

The  countryes  stocke  of  powder  and  shott  is  as  foUoweth,  vizj  :  six  bar- 
rells  of  powder,  and  two  barrells  and  an  halfe  of  shott,  and  a  cake  of  lead ; 
which  said  powder,  shott,  &  lead  was  not  deuided,  but  desposed  to  seuerall 
ptes  of  this  jurisdiction,  for  the  more  safety  of  it  and  conveniencye  for  the  vse 
of  the  countrey,  as  occation  shall  require.  by  the  joint 

1  .•y»i/-^n  Til  consent  of  the 

n,  one  barrell  of  powder  desposed  to  the  custitie  oi  the  Gou  att  i^astham,  majestrates 
and  the  halfe  barrell  of  shott.  ^j^^  att'' the'"' 

K,  to  M'  AUin,  att  Barnstable,  one  barrell  of  powder  and  a  barrell  of  2"»''  session  of 

June  Court, 
shott.  1638. 


152  PLYMOUTH    COLONY    EECORDS. 

1658.  K,  two  barrells  of  powder  Tnto  Major  "Winslow  att  Maxshfeild,  and  a 

^  barrell  of  shott. 

2  October.  ^  _,  . 

Prence  ^  '  *°  Cap?  Willett,  att  Plymouth,  one  barrell  of  powder  and  the  one 

Gou*.        halfe  of  the  cake  of  lead. 
bytheioynt  -'■*»  to  James  Walker,  att  Taunton,  one  barrell  of  powder  and  the  other 

concent  of  the    J^^^fg  ^f  jj^g  ^^].g  ^f  ^^^^^ 

majestrates 

and  the  depu-  M"^  Timothy  Hatherley  is  appointed  and  deputed  by  the  Court  to  admin- 

ties  att  the  2"«<i  .  •         1    n  • 

session  of  June  ester  mamage  att  ocittuate  as  occation  shall  requu-e. 

Court,  1658. 

[*145.]  *The  councell  of  warr,  being  asembled,  doe  heerby  constitute,  impower, 

and  coinissionate  you,  our  trusty  and  wee  beloued  frind,  Captaine  Josias  Wins- 
low,  to  bee  as  cheife  officer  ouer  the  mil- 
letary  companies  of  this  jurisdiction,  bear- 
The  counter  \  ^^„  (.j^g  j-j^^e  of  a  niaior,  and  to  act  therin 

paine  of  the     \  °  •' 

Scale  of  the    I  as  is  prouided  by  order  of  Court  ane'xed 

Gou'ment.     /  (v  t  i     • 

to  youer   omce,  according  to  such  instruc- 
tions as  you  haue,  or  shall  from  time  to 
THO:   PEENCE,  President,      time  receiue,  from  the  councell  of  warr. 
With  the  concent  of  the  rest  of     ^^  psuance  wherof  all  captaines,  inferior 
the  Councell  of  Warr.  oSlcbts,  and  souldiers  are  heerby  required 

to  bee  in  redy  subjection  to  you  during 
youer  continuance  in  the  said  office,  which  shalbee  vntill  the  counsell  of  warr 
shall  see  cause  otherwise  to  order. 

Giuen  vnder  our  hand  and  seals. 

Instructions  for  the  Major. 

1.  You  shall  take  into  youer  comaund  the  seuerall  milletary  companies, 
both  horse  and  foot,  of  this  jurisdiction,  and  take  care  that  they  bee  orderly 
trained  vp  in  the  vse  of  armes. 

2.  You  shall  take  care  that  armes  bee  fix  and  seruiceable. 

3.  You  shall  carfuUy  appoint  such  watches  and  gaui-ds  as  may  bee  need- 
full  for  the  saftey  or  honer  of  the  goQment. 

4.  You  shall  yearly  appoint  generall  musters,  or  meetings  of  such  com- 
panies as  can  with  any  conveniency  meet  together,  and,  with  the  aduise  of 
youer  councell,  order  the  same. 

5.  Incase  of  any  sudden  and  vnexpected  approach  of  an  enimie,  or 
insurraction  within  ourselues,  you  shall  indeauor  to  put  these  companies  into 
such  a  posture  of  defence  as  youer  selfe  and  such  of  youer  conncill  of  warr 
shall  giue  you  instructions  therabouts. 


COURT    OKDEES.  153 

6.  You  stalbee  redy  att  all  times  to  obserue  and  execute  such  further     1658. 
instructions,  either  respecting  discipline  or  reall  seruice,  as  shall  firom  time  to    ^^     ^^       ' 
time  by  the  counsell  of  warr  bee  directed  to  you.  p 

7.  You  shall  on  all  occations  bee  redy  to  aduise  with  such  as  the  coun-        Gou". 
cell  of  warr  shall  appoint  to  bee  of  youer  councell ;  and  they  haue  for  the  ipsent 
chosen  these  heerafter  nominated,  viisj  :  Cap?  Tho  "Willet,  Leifte  Tho  South- 
worth,  Ensigne  Wiliam  Bradford,  M'  Constant  Southworth,  Leif?  Samuell 

Nash,  Leift  James  Torrey,  Ensigne  John  Williams,  Capt  Wiliam  Poole,  M''Tho 
Hinckley,  Leift  Mathew  Fuller,  Leift  Samuell  Rider,  Ensigne  Wiliam  Hedge, 
Leif?  Peregrine  White,  Ensigne  Marke  Eames,  Leift  Peter  Hunt,  Ensigne 
John  Browne,  Leif?  Josepth  Rogers,  Ensigne  John  Freeman,  Ensigne  Josias 
Standish,  and  doe  allow  that  these,  or  any  six  or  more  of  them,  with  your- 
selfe,  shall  acte  as  a  councell. 

*Wheras  the  Gou',  M"^  Tho  Prence,  with  some  other  of  the  majestrates,  [*146.] 
were  appointed  and  with  full  power  authorised,  by  the  Court  held  att  Plym- 
outh in  June,  to  make  enquiry  into  and  redresse  of  sundry  greiuances  lying 
vpon  sundry  the  ancient  inhabitants  of  Sandwich,  exprest  in  a  petition  for  that 
end  vnto  the  Court,  vnder  the  hands  of  sundry  of  them,  the  inhabitants  ther- 
fore  being  assembled  together  on  the  twenty  seauenth  of  August,  1658,  and 
the  matter  being  enquired  into  by  the  GoQ"^  with  the  rest  as  aforsaid,  and  finding- 
sundry  of  the  inhabitant  assumeing  power  to  acte  wherin  they  haue  noe  right 
soe  to  doe  by  reason  of  theire  non  legall  admittance  as  inhabitants  according 
to  order  bearing  date  the  third  of  October,  1639,  vizj,  Ralph  AUin,  Seni'',  Tho 
Ewer,  Tho  Greenfeild,  Richard  Kerbey,  Juni',  Henery  Saunders,  Mathew 
Allin,  John  Jenkens,  Daniell  Winge,  Steuen  Winge,  haue  therfore  ordered, 
that  those  men  aforsaid,  and  euery  of  them,  shall  henceforth  haue  noe  power 
to  acte  in  any  towne  meeting  till  better  euidence  appeer  of  theire  legall  admit- 
tance, or  to  claime  title  or  interest  into  any  towne  priuiHdges  as  townes  men, 
according  to  the  Court  orders  aforsaid  ;  and  this  order  alsoe  to  take  hold  of  any 
others  besides,  whoe  shall  appeer  to  haue  noe  legall  admittance  as  aforsaid. 

And  for  the  better  carrying  on  of  afaires  among  them,  in  order  to  the 
end  of  the  Courts  graunting  the  plantation,  it  is  therfore  ordered,  that  noe 
man  shall  hence,  forth  bee  admitted  an  inhabitant  into  Sandwich,  or  injoy  the 
priuiledges  therof,  without  the  approbation  of  the  church,  and  M"^  Tho  Prence, 
or  any  of  the  Assistants  whoe  they  shall  choose,  according  as  to  the  same 
effect  is  exprest  in  the  aforsaid  orders  of  Court  bearing  date  the  3*  of  Octo- 
ber, 1639. 

M""  Edward  Dillingham 

VOL.  III.  20 


PLYMOUTH    COLONY    RECOEDS. 

October  the  2"°"^,  1658.  Att  this  Couit,  Robert  Harper,  Ealph  AUin, 
Seni',  John  AUin,  Edward  Perrey,  Richard  Kerbey,  Juni',  "Wiliam  AlUn, 
Thomas  Ewer,  Wiliam  Gifford,  Mathew  Allin,  Daniell  Winge,  and  John 
Jenkens,  of  Sandwich,  for  refusing  to  take  the  oath  of  fidehtie,  were  fined 
each  of  them  fine  pounds  to  the  coUonies  vse. 


3  December.         *^tt  tt  Couft  of  Assistants  holdeu  att  Plymouth  the  third  of 
[*1^'7-]  December,  1658. 


Befoee  Wiliam  CoUyai-e, 
Thomas  Willett, 
Josias  Winslow, 


Wiliam  Bradford,  and 
Thomas  Hinckley, 


Assistants,  &6. 

THE  Court  haue  ordered,  that  Major  Winslow  shall  take  sufficient  cecuri- 
tie  for  the  appearance  of  Richard  Bear,  to  appeer  att  the  Court  to  bee 
holden  the  first  Tusday  in  March  next,  and  to  release  him  of  his  f'sent 
imprisonment  vntill  then. 

That  Wiliam  Newland  bee  requu-ed  to  bring,  or  cause  to  ^  brought, 
his  two  daughters  to  the  Court  to  bee  holden  att  Plyrnouth  the  first  Tusday 
in  March  next,  to  answare  for  theire  abuseing  of  the  marshall.  Barlow,  in  the 
execution  of  his  ofiice. 

Wheras  it  is  obserued,  that  frequently  diuers  of  those  called  Quakers 
haue  repaired  to  Sandwich  from  other  places  by  sea,  coming  in  att  Mannomett 
"with  a  boat,  which  practices,  if  continued,  the  Court  conceiueth  may  proue 
of  dangerouse  consequence,  the  Court  doth  impower  and  authorise  you, 
Gorg  Barlow,  marshall  of  Sandwich,  &6,  that  incase  you  shall  haue  any 
intelligence  of  the  arivall  of  any  of  those  called  Quakers  att  Mannomett  or 
any  place  ajacent  vpon  the  coast  within  our  jurisdiction,  that  you  forthwith 
repaire  to  such  boates,  requireing  competent  aid  to  goe  with  you,  and  arest 
any  such  boate  or  boates,  takeing  theire  sayles  from  theire  mastes,  and  cecure- 
ing  them  vntill  some  of  the  majestrates  bee  acquainted  therwith,  and  further 
order  giuen  you  about  the  same  ;  and  likewise  that  you  apprehend  the  body.es 
of  all  such  Quakers  as  shall  come  in  any  such  boates,  or  any  other  Quakers 
you  shall  there  and  then  find,  and  to  proceed  with  them  as  efectually  as  if 
you  found  them  within  the  bounds  of  Sandwich  or  any  towne  within  youer 
liberties. 


COURT    ORDERS. 

That  a  summons  bee  sent  for  James  Skiffe  to  March  Court,  then  to  make 
his  appeerance  to  answare  to  such  thinges  as  shalbee  objected  against  him  in 
regard  of  tradusing  the  law  about  refusing  to  take  the  oath  of  fidehtie. 


3  December. 

Peence, 

Gou". 


*Att  the  Generall  Court  holden  att  Plymouth,  in  JVew  England,  the  1Q5  8-9. 

first  of  March,  1658. 


Before  Thomas  Prence,  Gou'^,  Josias  Winslow, 

Wiliam  CoUyare,  Thomas  Southworth, 

John  Alden,  Wiliam  Bradford,  and 

Thomas  Willett,  Thomas  Hinckley, 

Assistants,  &d. 

WHERAS  this  Court  takes  notice  of  sundry  of  the  inhabitants  of  Yar- 
mouth to  bee  reddy,  as  by  a  list  gisented  doth  appeer,  to  discharge 
theire  dutye  according  to  theire  abillities  for  the  incurragment  and  support 
of  the  minnestrey  of  the  word  amongst  them,  which  this  Court  doth  very  well 
resent  from  them,  and  can  not  but  as  ill  resent  the  contrary  in  such  of  them 
as  doe  neglect  theire  duty  therin,  and  therefore  order,  that  the  cunstable  of 
Yarmouth  summons  the  inhabitants  to  meet  together,  both  church  and  towne, 
and  propose  vnto  them  what  each  pticulare  man  will  freely  engage  towards 
the  makeing  vp  of  forty  or  fifty  pounds  yearly  for  the  end  aforsaid;  and 
incase  that  there  bee  any  which  notwithstanding  shall  neglect  soe  to  doe  theire 
duty  therin,  —  which  this  Court  would  hope  otherwise,  —  that  then  foure  men 
bee  chosen  to  make  a  leuy  on  such  as  neglect  soe  to  doe  in  some  way  propor- 
tionable to  what  others  of  theire  naighbours  whoe  are  reddy  to  doe  theire 
duties  in  the  f'mises  haue  freely  engaged ;  and  incase  there  bee  none  chosen 
as  aforsaid,  or,  being  chosen,  neglect  theire  trust  therin,  then  the  Court  orders 
these  foure  men  following  to  acte  therin,  vizj  :  M"^  Anthony  Thacher,  Tho 
Boardman,  Richard  Seares,  and  Andrew  Hallott ;  and  that  destresse  bee  made 
by  the  cunstable  vpon  such  as  refuse  to  pay  such  theire  proportions,  as  in 
other  just  case  is  prouided,  as  alsoe  to  make  destresse  vpon  the  goods  of  such 
as  neglect  to  pforme  theire  engagements  aforsaid,  vnlesse  they  shalbee  emi- 
nently disinabled  by  some  hand  of  God  on  them  to  pforme  such  theire 
ingagements  ;  this  leuy  to  bee  both  aiiually  made  by  them  and  aiiually  col- 
lected by  the  cunstable  vntill  the  Court  see  cause  to  alter  it  otherwise. 


1  Maieh. 

[*148.] 


156  PLYMOUTH    COLONY    RECORDS. 

16  5  8-9.  Wheras  complaint  is  made  vnto  the  Court  by  Isacke  Robinson  and  Gyles 

''       '    Rickard,  Seni"",  in  the  behalfe  of  two  children  of  Henery  Coggen,  deceased,  — 

p     ,  which  said  children,  liueing  with  John  Finney,  of  Barnstable,  are  conceiued 

c^ou"-        to  suffer  wrong  in  sundry  respects,  —  the  Court  haue  refered  the  case  to  the 

hearing  of  the  Gou"^  and  M"^  Hinckley,  and  to  put  an  end  thervnto,  if  it  may 

bee ;  but  if  not,  it  is  refered  to  the  Court  to  bee  holden  att  Plymouth  in  May 

next. 

The  Court,  takeing  notice  that  John  Winge  is  erecting  a  building  in  a 
place  which  is  out  of  the  bounds  of  any  township,  and  conceiueing  such  prac- 
tices, if  pmitted,  may  proue  prejudicial!  to  the  whole,  doe  order  that  the  said 
John  Winge,  and  all  others  that  haue  or  shall  soe  doe,  bee  prohibited  to  psist 
on  therin  vntill  it  bee  further  cleared  to  what  township  such  said  lands 
belonge  on  which  they  build. 

[*149.]  *M'"  Josepth  Tilden  being  graunted  a  further  hearing  in  the  case  of  his 

^sentment,  and  coinited  to  the  Bench  to  issue,  the  said  Josepth  Tilden,  by 
these  ^sents,  engageth  himselfe  bounde  to  forfeite  fiue  hundred  pounds  sterling 
incase,  after  the  determination  of  this  Court,  hee  shall  molest  or  trouble  any 
pson,  in  any  place  whatsoeuer,  about  the  said  case,  in  any  matters  relateing 
therto. 

JOSEPTH   TILDEN. 

The  said  Josephus  Tilden  alsoe  engaged  to  defray  the  charges  of  the 
f>sent  Court  imployed  about  the  aforsaid  case. 

The  Court  alsoe  ordereth,  that  noe  man  shall  molest  or  trouble  the  said 
Josepth  Tilden  about  the  said  case  after  the  determination  of  this  ^sent 
Court  shalbee  fulfild  in  puting  a  finall  issue  to  the  said  case  now  in  de- 
pendance. 

Wheras  the  Court  haiie  graunted  vnto  M"'  Josepth  Tilden  a  further 
hearing  in  the  matter  of  his  fsentment  about  his  oath,  they  haueing  spent 
much  time  in  hearing  of  such  debates  and  pleas  as  might  any  way  tend  to  the 
clearing  vp  the  truth  in  that  matter,  being  of  nothing  more  desirouse  then  to 
vindicate  the  innocent,  and  settle  the  blame  of  any  former  transactions  where 
it  is  most  just  to  rest,  the  matter  being  refered  to  the  determination  of  the 
Bench,  they  conclude,  that  all  former  transactions  of  Courts  relateing  heervnto 
[*150.]  are  not  fully  jiistifyable ;  *nor  may  wee  fully  cleare  M"^  Tilden  from  all  blame 
about  the  same.  It  being  long  since  these  thinges  were  first  in  agitation,  and 
some  euidences  that  then  passed  in  Court  not  now  appeering,  yett  principally 
minding  such  new  euidences  as  haue  now  bine  prodused,  both  to  the  takeing 


COURT    ORDERS.  157 

of  of  some  former  testimonies,  and  alsoe  further  clearing  of  Ms  innocency  then    165  8-9. 
what  hath  formerly  appeered,  wee  doe  acquitt  him  of  his  former  charge  of    "~    ^       ' 

1  March. 

cencure  for  a  falce  oath,  because  not  grounded  vpon  sufficient  testimonies,  and  peence 
doe  further  order,  that  his  ^sentment  being  taken  out  of  the  records,  this  our  Gov^- 
finall  determination  about  the  ^mises  bee  in  his  vindecation  recorded,  and, 
lastly,  doe  agree,  that  M'  Tilden  bearing  the  charges  of  his  frinds  in  this 
tryall,  the  countrey  shall  alsoe  beare  the  charges  of  theire  attorneyes  and  eui- 
dences  aded  heerunto ;  that  the  said  M'  Tilden  is  to  bee  cleared  by  open 
proclamation  att  the  Generall  Court  to  bee  holden  att  Plymouth  in  June  next. 

M"'  John  Alden,  Capt  Thomas  Willett,  Major  Josias  Winslow,  M''  Will 
Bradford,  and  Leiftenant  Thomas  Southworth  were  comissionated  by  the  Court 
to  giue  meeting  vnto  those  which  the  Court  of  Road  Hand  shall  depute,  to 
treat  and  conclude  with  them  about  an  iland  in  controuersy  betwixt  them  and 
vs,  lying  in  the  iSTarragansett  Bay,  called  Hogg  Iland ;  and  incase  the  aboue- 
said  psons,  or  any  of  them,  should  bee  hindered  by  Prouidence  soe  as  they 
can  not  goe,  that  then  the  Coui-t  requests  and  appoints  M'  Josias  .Winslow, 
Seni',  and  M'  Constant  Southworth,  to  make  a  supply. 

Henery  Saunderson,  for  kiling  of  a  cow  belonging  to  the  countrey,  att 
Sandwich,  the  said  cow  being  vallued  att  three  poud  and  fifteen  shillings,  was 
sentanced  by  the  Court  to  pay  and  make  good  as  good  a  cow  againe  to  the 
Treasurer. 

*The  Deposition  of  John  Haddaway,  aged  about  forty  Yeares.  [*151.] 

This  deponent  testifyeth,  that  being  in  the  Bay  about  the  time  of  M"^ 

Garretts  setting  sayle  for  England,  vpon  occation  of  John  Gorums  calling  him 

in  to  Goodman  Stibbins,  of  Boston,  this  deponent  testifyeth,  that  hee  heard 

Hugh  Jackson,  late  of  Barnstable,  will  and  bequeath  what  hee  left  heer  in  the 

countrey  vnto  Joshua  Lumbert,  of  Barnstable  aforsaid,  his  debts  being  payed, 

incase  it  pleased  God  that  the  said  Hughe  returned  not  thither  againe ;  and 

further  this  deponent  saith  not,  onely  that  hee  was  desired  to  bee  a  witnesse 

theervnto. 

THOMAS   HINCKLEY,  Assistant. 

Att  this  Court,  John  Gorum  and  Barnabas  Laythorp  came  into  the  Coxirt, 
and  tooke  oath  to  the  like  effect  as  aboue  expressed. 

Wheras  att  this  Court,  John  "Winge  testifyed  and  cleared  vp  vnto  the 
Court,  that  the  estate  of  Daniell  Winge  is  made  ouer  vnto  his  children,  the 
Court  alow  therof,  prouided  that  the  said  John  Winge  giue  in  vnto  the  Court 
a  true  inventory  of  the  estate  soe  desposed  and  engaged,  and  that  hee  likewise 


158  PLYMOUTH    COLONY    EECORDS. 

1658-9.   engage    that  the   said  estate   shalbee  imployed  for   the   vse    of    the    said 

"       '*    ~^    children. 

p  Vpon  the  complaint  of  Wiliam  Tubbs,  that  Goodwife  Thomas,  a  Welch 

Goxj".        woman,  that  shee  dwelleth  on  his  land  without  his  leaue,  the  Court  haue 

appointed  M"^  CoUyare  and  M"^  Alden  to  take  some  speedy  course  to  remoue 

her  vnto  her  owne  land. 

Memorand  :  that  Wiliam  Newland  did  say  in  Court,  that  Gorge  Barlow 
brake  vp  his  house  in  the  night,  wherby  hee  suffered  much  damage. 

Thomas  Butler,  for  refusing  to  assist  the  marshall,  Barlow,  in  the  execu- 
tion of  his  oiEce,  fined  ten  shillings  to  the  vse  of  the  coUonie. 

[*152.]  *Wee,  whose  names  are  vnderwritten,  doe  testify,  that  Nathaneell  West, 

a  stranger  to  vs,  belonging  to  Road  Hand,  being  by  Gods  prouidence  amongst 
vs,  and  being  vnder  cure  of  an  infirmitie  of  his  body,  it  appeers  that  hee  had 
occation  to  goe  to  Prouidence,  and  goeing  vpon  the  iyce,  it  brake,  and  hee  fell 
in  and  was  drowned ;  when  his  body  was  taken  vp,  it  appeered  to  vs  that 
his  death  was  noe  way  violent  nor  wilfiiU,  but  accedentall,  as  farr  as  wee 
apprehend. 

M'  Josepth  Pecke,  M'  Stephen  Paine,  and  Thomas  Cooper  were  not  att 
the  takeing  of  him  vp  ;  but  when  hee  was  brought  to  the  towne,  they  found 
him  to  bee  as  is  aboue  expressed,  to  theire  best  apprehensions.  John  Perrum 
and  Gorg  Kenericke  did  alsoe  see  him,  and  found  as  is  aboue  mencioned. 

PHILLIP   WALKER,  Cunstable. 
Leiftenant  HUNT, 
JOHN   READ, 
ROGER  ANNADOWNE, 
ROBERTT  FULLER, 
ROBERT   WHEATON, 
ANTHONY  PERREY, 
THOMAS   WILMOTH, 
DANIELL    SMITH, 
EDWARD  HALL, 
JAMES   REDDAWAY, 
NICHOLAS   lYDE, 
JOHN  MARTIN, 
RICHARD  BULLOCKE, 
RICHARD  BOWIN. 

Wheras  there   are   sundry  fines  belonging  to  the  countrey,  the  Court 


COURT    ORDERS. 


159 


orders,  that  the  seuerall  townes  shall  haue   such  a  proportion  therof  as  will    16  5  8-9. 

amount  to  three  pounds  p  horse  for  euery  horse  the  said  townes  are  to  prouide    "^ ~'       ^ 

for  the  raising  of  a  troope  according  to  order  of  Court ;  the  said  moneyes  to      ^^ZIe 
bee  imployed  as  the  townes  shall  see  cause  for  the  ends  aforsaid.  Gou". 

Wiliam  Bassett,  Juni',  is  lycenced  by  the  Court  to  di-aw  and  sell  wine 
and  stronge  waters  att  Sandwich  for  the  refreshment  of  trauellers,  vntill  such 
time  as  some  other  whom  the  Court  shall  judge  meet  shall  sett  vp  an  ordinary 
att  Sandwich ;  but  the  said  "Wiliam  Bassett  is  not  to  pmitt  any  of  the  towne 
to  stay  drinkeing  att  his  house. 

Lycence  is  alsoe  graunted  vnto  Gyles  Eickard,  Seni'',  and  John  Barnes  to 
keep  each  of  them  an  ordinary  att  Plymouth  att  Court  times  for  the  entertain- 
ment of  strangers,  and  to  prouide  tilings  nessesary  for  that  purpose,  but  not 
to  suffer  any  to  stay  drinkeing  in  theire  houses  that  are  dwelling  in  the  towne 
of  Plymouth. 

Mary,  the  wife  of  Walter  Briggs,  of  Scittuate,  haueing  bine  g>sented  for 
telling  of  a  lye,  the  Court,  haueing  examined  pticulares  about  it,  haue  cleared 
the  said  Mary  Briggs,  but  desired  M'  Hatherley  from  the  Court  to  admonish 
her  to  bee  wary  of  glueing  occation  of  offence  to  others,  by  vnnessesary  talke- 
ing  to  the  occationing  of  others  to  complaine  or  raise  such  aspersions. 

*Wiliam  Nelson  being  ^sented  for  vnciuell  carrages  towards  seuerall      [*153.] 
weomen  att  seuerall  times,  it  being  cleared  to  the  Court  that  hee  was  guilty 
by  seuerall  testimonyes,  hee  was  centanced  by  the  Court  to  sitt  in  the  stockes 
during  the  pleasure  of  the  Court  (which  accordingly  was  pformed)  and  like- 
wise to  find  surties  for  his  good  behauior. 

The  said  Wiliam  Nelson  acknowhdgeth  to  owe  vnto 


,  .    ,  .  ,  ,     -r      ,  ^  ,         _      ^  ,  40  :  00  :  00 

his  nighnes,  the  Lord  Protector,  the  sume  oi 

John  Barnes  the  sume  of       .........     20  :  00  :  00 

Thomas  Pope  the  sume  of 20  :  00  :  00 

The  condition,  that  if  the  said  Wiliam  Nelson  shalbee  of  good  behauior  "vviiiam  Nelson 

in  J'  T.  'n*  i_     r  1  •      1      •  cleared  of  these 

towards  ail  manor  oi  psons,  and.  in  speciall  in  respect  oi  his  lacmouse  car-  ,     , 
riages  towards  weomen,  whereof  hee  hath  bine  accused  in  Court,  and  appeer 
att  the  Court  to  bee  holden  att  Plymouth  the  first  Tusday  in  Jime  next,  and 
not  depart  the  said  Court  without  lycence,  that  then,  &S. 

These  may  certify  all  whom  it  may  concerne,  that  the  fourth  of  March, 
1658,  that  these  men  whose  names  are  vnderwritten,  by  the  intelligence  of  an 
Indian,  came  to  a  place  a  little  below  Namaskett,  where  the  Indians  tooke  vp 
an  English  man  out  of  the  Bluer  of  Tetacutt,  with  a  blew  paire  of  stockings 
and  a  gray  listed  garter,  and  likewise  pte  of  a  lockorum  paire  of  briches  with 


160 


PLY-MOUTH    COLONY    EECORDS. 


1  March. 

Pkence, 

Goc=. 


16  5  8-9.  "wyer  bottons  fastened  about  his  wast ;  but 
man  that  should  any  way  cause  his  death, 
accedentally ;  and  finding  the  man  thuse, 
satisfyed  the  Indians  for  theire  paines. 

SAMUELL   EDSON, 
NATHANEELL  WILLIS, 
JOHN  WILLIS, 
JOHN  VOBES, 
AETHER  HAREIS, 
JOHN   HAWARD,  Seni--, 
MARKE   LAYTHORPE, 


wee  found  noe  blemish  about  the 
but  as  wee  conceiue  was  drowned 
wee  haue  buried  him,  and  haue 

THOMAS   HAWARD,  Juni--, 
WILLAM   SNOW, 
LAWRANCE   WILLIS, 
SOLOMON   LENERSON, 
GUYDO   BAYLEY, 
NATHANEELL  HAWARD, 
JOHN   CAREW, 

from  Bridgwater. 


And  sperscribed  these  :  I  pray  you  deliuer  this  to  M'  CoUyer,  or  M'  Al- 
den,  either  of  them,  to  doe  with  as  they  shall  see  meet. 

And  by  them  sence  ordered  heer  to  bee  recorded  as  abouesaid. 


1659.  *^tt  a  Court  held  att  Plymouth  the  third  Day  of  May,  1659. 


3  May. 

Befoee  John  Alden,                                   Wiliam  Bradford,  and 

[*154.J 

Josias  Winslow,                             Thomas  Hinckley, 

Thomas  Southworth, 

Assistants,  &6. 

WHERAS  complaint  was  made  against  John  Williams,  of  Scittuate,  for 
hard  vseage  of  a  daughter  of  John  Barker,  deceased,  the  Court  haue 
ordered,  that  the  said  child  shalbee  and  continew  with  Thomas  Bird,  of  Scittu- 
ate, vntill  the  next  Court ;  and  that  shee  being  weake  and  infeirme,  the  said 
Tho  Bird  is  to  endeauor  to  procure  meanes  for  her  cure,  and  what  expence 
hee  shalbee  att  about  the  same,  the  Court  engageth  to  take  order  that  bee 
shalbee  paid ;  and  the  said  Thomas  Bird  is  to  appeer  att  the  next  Court  to 
giue  in  what  testimony  hee  can  produce  to  cleare  vp  the  case  betwixt  the  said 
John  WUliams  and  his  kinswoman,  the  said  gerle. 

In  answare  to  the  desire  of  some  whoe  requested  the  Court  that  a  child, 
vizj,  one  of  the  sones  of  Henery  Coggen,  deceased,  should  bee  remoued  from 
the  family  of  John  Finney,  his  father  in  law,  the  Court  haue  ordered  that  the 
said  boy  shalbee  and  remaine  with  his  said  father  in  law  vntill  the  next  Court^ 


COURT    ORDERS.  161 

during  which  time  hee  shall  keep  him  att  scoole  all  the  time,  excepting  six      1659. 
dales,  and  in  the  meane  time  to  sett  in  a  reddynes  the  account  of  the  estate  ;  '' 

...  .  .  3  May. 

and  because  there  is  some  hopes  or  possibilities  of  hearing  from  M'  Bishop,  pi,ej,ce 
the  grandfather  of  the  said  child,  before  the  next  Court,  the  Court  are  vnwill-  ^o""- 
ing  to  settle  pticulares  about  the  said  hoy  and  estate  vntill  then. 

John  Coggen,  son  of  Henery  Coggen  abousaid,  hath  made  choise  of 
Capt  James  Cudworth  and  M'  Isacke  Robinson  to  bee  his  guardians,  the  Court 
allowing  and  approueing  of  the  same. 

*John  Ellis  is  allowed  by  the  Court  to  keep  an  ordinary  att  Sandwich  for      [*155.] 
the  entertainment  of  strangers  and  trauellers,  and  hee  is  to  prouide  conven- 
iencyes  for  that  end,  and  may  sell  strong  waters  and  wine  for  such  purposes  ; 
but  is  prohibited  to  pmitt  towne  dwellers  to  stay  drinkeing  vnessesaryly  att 
his  house. 

Wheras  the  Court  are  informed  that  the  cunstable  of  Taunton  hath  at- 
tached a  petticoate  or  goane  belonging  to  Wiliam  Hailstone,  of  Taunton,  in 
the  behalfe  of  the  countrey  for  the  satisfying  of  a  fine,  the  Court  haue  ordered 
that  the  said  goune  or  petticoate  shalbee  released  to  the  said  Hailstone,  and  to 
bee  deliuered  vnto  him  vpon  his  demaund,  the  Court  still  retaining  theire 
interest  in  the  said  fine. 

Richard  French  acknowlidseth  to  owe  to  his  highnes,  "l 

,         -      .  UO :  00  :  00 

the  Lord  Protector,  the  sume  oi J 

M'  Josias  "Winslowe,  Seni'',  the  sume  of 05  :  00  :  00 

Cap?  Xathaneell  Thomas  the  suiiie  of 05  :  00  :  00 

And  the  marshall.  Gorge  Barlow,  the  suine  of  .     .     .      10  :  00  :  00 

The  condition  that  if  the  said  Richard  French  shall  appeer  att  the  Coui-t 

to  bee  holden  att  Plymouth  the  first  Thursday  in  June  next,  then  and  there  to 

answare  vnto  such  thinges  as  shalbee  objected  against  him  conserning  vncleanes 

comitted  with  Hepthzibah  Andrewes,  and  not  depart  the  said  Court  without 

lycence ;  that  then,  &6. 

To  Isacke  Bucke,  cunstable  of  Scittuate,  gree?,  &6  : 

These  are  to  signify  vnto  you,  that,  on  the  complaint  of  Constant  South-  This  order  was 
worth,  of  neglect  of  payment  of  what  is  due  for  the  charge  of  the  majestrates  Humphrey 
table,  and  the  complaint  of  Nathaneell  Morton,  the  clarke  of  the  Court,  of  J°^^^°"  ^-^  'he 
neglect  of  payment  of  pte  of  what  is  due  of  his  wages,  the  Court  orders  that 
full  and  due  payment  bee  made  in  respect  of  both  betwixt  this  and  June  Com-t 
next,  both  in  quantitie  and  quallitie,  that  soe  these  complaints  may  bee  ended, 
or  otherwise  the  Court  will  then  take  further  course  about  the  praises. 

The  Courts  order.  P  me,         NATHANEELL   MORTON, 

Clarke  of  the  Court. 

VOL.    III.  21 


162 


PLYMOUTH    COLONY    RECORDS. 


1 G  5  9.     *Att  a  Generall  Court  of  Election,  holden  att  Plymouth  the  seauenth 

Day  of  June,  1659. 


7  June. 

PllENCE, 

Gon". 

[*156.] 


Before  Thomas  Preiice,  GoQ,  Thomas  Southworth, 

John  Aldin,  Wiliam  Bradford,  and 

Josias  Winslow,  Thomas  Hinckley, 

Assistants,  &6. 


M 


R  THOMAS    PRENCE   was  chosen  Gou-^,  and  sworne. 


were  chosen  Assistants,  and  sworne. 


M'  "Wiliam  CoUyare, 
John  Alden, 
Thomas  Willett, 
Josias  Winslow, 
Thomas  Southworth, 
Wiliam  Bradford,  and 
Thomas  Hinckley, 

Major  Josias  Winslow  and  Leiftenant  Thomas  Southworth  were  chosen 
comission.ers. 

M'  Constant  Southworth  was  chosen  Treasurer,  and  sworne. 


Captaine  Cud- 
worth  and 
James  Skifle 
were  not  ap- 
proued  by  tho 
Court. 


[*157.] 


The  Names  of  the  Deputies 

John  Dunham,  Seni'^, 
Robert  Finney, 
Ephraim  Morton, 
Nathaneell  Warren, 
Constant  Southworth, 
Wiliam  Paybody, 
Robert  Studson, 
M'  John  Vincent, 
Richard  Williams, 
James  Walker, 


of  the  seuerall  Townes. 

Heneiy  Cobb, 

Nathaneell  Bacon, 

M'  Anthony  Thacher, 

M'  Tho  Howes, 

M'  Josias  Winslow,  Seni"", 

Anthony  Snow, 

M"^  Stephen  Paine, 

Wiliam  Sabin, 

M'  John  Done, 

Josias  Cooke, 

John  Willis. 


sworne, , 


*The  Grand  Enquest. 

'  M'  Thomas  Dexter,  Seni',  C  Walter  Briggs, 

M'  Wiliam  Lumpkin, 
M--  Wiliam  Hedge, 
Richard  Sparrow, 


sworne, 


Henery  Wood,  abs, 
Henery  Sampson, 
Jonathan  Dunham, 


COURT    ORDPmS. 


swome. 


'  Anthony  Slocom, 
Experience  Michell, 
Barnard  Lumbert, 
Arther  Harris, 
John  Fish, 

_  Thomas  Gibbs, 


sworne,  ■ 


'  Peter  Pitts, 
Gorge  Russell, 
John  Sutton, 
John  Rogers,  abs', 
Stephen  Paynes 
Tho  Cooper. 


7  June. 

Phence, 

Gou". 


The  cunstables  of  the  seuerall  townes  are  as  foUoweth  : 


Plymouth, Willam  Shurtley, 

Dux: John  Washboxu'ne,  Juni', 

c,  .^^     ^  r  John  Hewes, 

bcittuate, J 

[  Richard  Curtis. 
Sandwich, 

Taunton, John  Tisdall. 

Yarmouth,       .     • M''  Edmond  Hawes, 

Barnstable, Thomas  Huckens. 

(  Elisha  Besbey, 

[  Christopher  "Winter. 

Rehoboth, Henery  Smith. 

Eastham, Henery  Attkins. 

Bridgwater, 


MarshfeUd, 


Surveyors  of  the  Highwaies. 

'  r  Steuen  Briant, 


Plymouth, . 
Duxburrow, 


Benjamine  Prate, 
Samuell  Rider. 
Jonathan  Shaw, 
Wiliam  Clarke. 


*Such  as  stand  propounded  to  take  vp  their  ireedom :  — 

Wiliam  Shirtley,  Nicholas  Pecke, 

Rich  Tayler,  Francis  Crooker, 

Rot  Parker,  John  Caruer, 

Ro%  Dauis,  Josepth  Prior, 

John  Phillips,  Aron  Knap, 

John  Rogers,  Juni'",  Henery  Smith, 

Stephen  Paine,  Tho  Cooper. 

Esra  Perrey  is  allowed  by  the  Court  to  bee  exequitor  of  the  estate  of 
Sarah  Perrey,  there  being  noe  other,  (although  shee  hath  many  other  frinds  in 
the  countrey,)  that  claimeth  any  interest  into  the  said  estate,  haueing  put  in 


[*158.] 


164  PLYMOUTH    COLONY    RECORDS. 

1  (5  5  9.      cecuritie  into  the  Court  to  bee  accountable  for  the  estate  encase  it  shalbee 

'^       '    required  by  any  that  hath  better  title  therto. 

PiiE.NCE  ^^^  hundred  and  fifty  acres  of  land  is  graunted  to  Thomas  Briggs,  son 

Gou".        of  Clement  Briggs,  deceased,  and  twenty  acres  of  meddow,  if  it  may  bee  had 

in  the  place  desired,  which  is  in  the  way  to  Deadum  from  Taunton,  betwixt  a 

pond  and  the  mill  riuer  which  comes  to  Taunton,  betwixt  Taunton  and  Massa- 

pauge  Pond. 

Major  Winslow,  Leift  Southworth,  M""  Josias  Winslow,  and  Josias  Cooke 
are  appointed  to  take  the  account  of  the  Treasurer. 

The  Court  allow  to  Ensigne  Wiliams  six  shillings  for  four  dayes  attend- 
ance att  the  Court,  to  answare  the  complaint  of  Robert  Barker  in  the  behalfe 
of  Deborah  Barker. 

"Wheras  John  Palmer  was  ^sented  about  a  highway  stoped  by  him,  hee 
is  enjoyned  by  the  Court  to  laye  it  open. 

Samuell  House  is  enjoyned  by  the  Court  to  take  some  speedy  course  with 
a  dogg  that  is  troublesome  and  dangerouse  in  biting  folkes  as  they  goe  by  the 
highwaies. 
[*159.]  *M'^  Thomas  Hinckley,  Henery  Cobb,  Samuell  Hinckley,  and  John  Jen- 

kens,  and  Nathaneell  Bacon  are  graunted  libertie  to  view  and  to  purchase  a 
tract  of  land  att  Saconeesett,  vizj,  soe  much  as  they  can  conveniently,  and 
they  are  to  haue  each  of  them  a  considerable  proportion  therof,  as  the  Court 
shall  thinke  meet,  and  the  rest  to  bee  desposed  of  by  the  Court. 

M."  Tho  Hinckley  and  Richard  Bourne  are  to  purchase  the  said  lands 
of  the  Indians  by  order  of  Court. 
This  sraunt  is  JThe  Court  liaue  graunted  vnto  Capt  Morris  a  certaine  necke  of  land, 

otherwise  en-  n    i    tvt 

tered  att  the  called  Nunnaquaquatt  Necke,  or  Pochasset,  by  him  alreddy  purchased  of  the 
*"tt  PI '"'^'^  rti  ■'■ii'li^^^'  11^^  alsoe  a  pcell  of  meddow  lying  vpon  the  east  side  of  the  said  cove 
March,  1659.  or  pond,  being  the  quantitie  of  six  or  eight  load  of  hay  att  the  vtmost,i|  vpon 
condition  that  hee  shall  submitt  himselfe  vnto  this  goQment,  and  bee  reddy  to 
doe  such  duty  as  may  bee  required  of  him  as  an  inhabitant  of  the  same,  and 
alsoe  that  hee  doe  not  engage  vs  in  any  controuersies  betwixt  himselfe  and  the 
Indians,  and  doe  further  resigne  vp  vnto  the  Court  all  such  other  lands  within 
this  goQment  as  hee  hath  made  purchase  of,  or  hath  layed  claime  vnto,  and 
shall  haue  noe  interest  into  any  other  tract  or  pcell  of  lands,  sane  onely  the 
abouesaid  necke  and  meddow.J 

In  answare  vnto  the  request  of  John  Morton,  Richard  Wright,  John 
Dunham,  Jun"",  Samuell  Eedey,  and  Francis  Billington,  desireing  some  propor- 
tions of  land  to  accomodate  them  for  theire  posterities,  the  Court  giueth  libertie 
vnto  them  to  looke  out  a  tract  of  land  for  that  purpose,  and  if  found  conven- 
ient it  shalbee  confeirmed  vnto  them  for  the  ends  aforsaid. 


7  June. 
Phenoe, 


COURT    ORDERS.  ICo 

M--  Alden  and  M'  Bradford  are  appointed  and  deputed  by  the  Couit,  to      1 C  5  9. 
joyne  with  such  as  M'  Hatherly  shall  procui-e,  to  lay  out  the  land  graunted 
to  M"^  Hatherley  att  the  Court  held  the  3'»  of  July,  1656,  and  to  make  report 
vnto  the  Court  of  what  they  haue  done  there,  that  soe  it  may  bee  recorded.  Gou". 

*Libertie  is  graunted  by  the  Court  vnto  the  towne  of  Plymouth  to  looke  [*160.] 
out  a  tract  of  land  as  conveniently  as  may  bee  found,  to  equallis  that  which 
lately  was  confeirmed  to  Captaine  Morris,  which  was  within  a  former  graunt 
belonging  to  the  said  towne.  The  towne  of  Plymouth  haue  since  made  choise 
of  the  land  adjoyning  to  the  southeren  end  of  Punckateesett  Necke,  ouer 
against  Eoad  Hand,  to  bee  supplyed  in  the  rome  of  that  which  Cap?  Morris 
had,  as  abouesaid. 

In  answare  to  a  petition,  prefered  to  the  Court  by  AViliam  Nlcarson, 
wherin  bee  requested  the  whole  tract  of  land  by  him  formerly  purchased  of 
the  Indians  att  Mannomoyett,  or  therabouts,  hee  expressing  himselfe  other- 
wise not  willing  to  accept  of  a  former  graunt  of  the  Court,  which  was  to  haue 
a  competency  therof,  this  Court  ordereth,  that  incase  the  said  Nicarson  will 
answare  the  penaltie  of  the  Court  order  prohibiting  any  to  buy  any  land  of 
the  Indians  without  libertie  of  the  majestrates,  hee  may  enjoy  the  said  whole 
tract  of  land. 

Gorg  Barlow  is  allowed  by  the  Court  to  bee  a  townsman  of  the  towne 
of  Sandwich. 

Gorge  Barlow  is  to  restore  a  paire  of  oxen  that  were  taken  from  Francis 
Allin  by  fine,  and  is  to  haue  a  paire  that  were  taken  from  Richard  Kerbey, 
Juni"',  in  theire  stead. 

Wheras  Richard  French  is  accused  by  Hepthsibah  Andrews  to  haue 
comitted  bodily  vncleanes  with  her,  and  hath  stood  engaged  to  the  Court  to 
answare  for  the  same  and  appeared  att  this  Court ;  and  that  likewise  the  said 
Hepthsibah  Andrews  was  likewise  suinoned  to  appeer  att  this  Court  to  make 
out  her  accusation,  but  soe  it  is  that  shee  could  not  appeer  by  reason  of  weaknes 
or  sicknes ;  the  Court,  therefore,  hath  seen  reason  to  take  bonds  of  him  to  pay 
a  considerable  sume  towards  the  keeping  of  the  child,  wherwith  shee  goeth, 
if  it  shall  appeer  to  bee  his. 

The  marshall  Barlow  hath  engaged  to  pay  the  fees  due  to  Sauory  for 
the  imprisonment  of  Richard  French,  vpon  which  the  chist  of  the  said  French, 
attached  by  the  marshall  Sauory,  is  released. 

•Concerning  those  of  the  purchasers  that  haue  lands  att  Satuckett,  such      [*161.] 
as  lye  on  that  side  Sautuckett  Riuer  next  Eastham,  that  the  said  lands  bee 
accounted  to  bee  within  the  precincts  of  Eastham  respecting  jurisdiction  ;  and 
those  that  lye  on  that  side  next  Yarmouth  to  bee  accounted  within  that  town- 
ship, vizj,  that  those  that  ow&e  such  lands  shall,  proportionable  to  such  lands. 


IQQ  PLYMOUTH    COLONY    EECORDS. 

1659.      beare  the  countrey  charges,  but  not  that  either  townes  shall  haue  any  proprie- 

'        '    "^  ties  in  any  of  those  lands. 
7  June.  ^^^  ^^^^  ^^^^     .^^  ^^^^  James  Cole,  of  Plymouth,  the  sume  of  ten 

Peence,  " 

Gou".  pounds,  towards  the  repaireing  of  the  house  hee  now  liueth  m,  see  as  it  may 

bee  fitted  as  an  ordinary  for  the  entertainment  of,  strangers. 

Memorand  :  that  John  Fenney,  Seni'',  hath  resigned  vp  all  the  lands  of 
M'  Henery  Coggen,  deceased,  vnto  Cap?  James  Cudworth  and  Isack  Eobinson, 
as  vnto  the  guardians  of  John  Coggen,  according  as  the  said  lands  are  record- 
ed in  the  town  booke  of  Barnstable. 

The  charge  of  fine  dales  spent  about  Josepth  Tildens  business,  the  Court 
haue  expressed  themselues  willing  to  beare  the  same,  and  haue  engaged  to 
defray  the  said  charge. 

The  Major  Winslow,  Leiftenant  Southworth,  and  Rofe  Studson  are  ap- 
pointed by  the  Court,  to  joyne  with  such  as  the  Bay  goQrment  shall  appoint, 
to  run  the  line  betwixt  the  Bay  goGment  and  vs. 

John  WiUis,  of  Bridwater,  is  authorised  to  marry  any  psons,  according  to 
order  of  Court,  in  the  towne  of  Bridgwater,  and  to  adminnester  an  oath  to 
,  giue  in  euidence  to  the  grandjury,  as  occation  shall  require. 
[*162.]  *In  regard  that  M"^  CoUyare,  by  reason  of  age  and  much  busines  on  him, 

can  not  attend  the  countreyes  busines  att  Courts  but  with  great  difficulties,  the 
Court  haue  appointed  the  Treasurer  to  procure  him  a  seruant,  and  doe  alow 
him  for  that  purpose  the  surne  of  ten  pounds. 

In  regard  of  many  vrgent  occations  and  of  great  concefment,  that  Leif- 
tenant Southworth  is  to  bee  imployed  in  this  ^sent  yeare  in  the  countreyes 
behalfe,  the  Court  doth  alowe  vnto  him  as  a  gratuitie  the  sume  of  twenty 
pounds. 

The  Court  aloweth  vnto  the  seuerall  townships  of  this  goQment  towardes 
the  setting  forth  of  the  troop  of  horse,  thirty  shillings  p  horse,  for  euery 
horse  they  shall  sett  forth,  to  bee  paied  by  the  Treasurer  and  to  bee  desposed 
of  by  the  deputies  of  the  townes  for  the  townes  vse  aforsaid.  And  wheras 
Sandwich  was  defectiue  in  deputies  this  Court,  M'  Vincent  and  Thomas  Tup- 
per  are  to  despose  therof  as  if  they  were  deputies  ;  and  in  Hke  manner  LeifE 
Torrey,  for  the  towne  of  Scittuat,  to  bee  aded  to  Rob  Studson. 

The  Court  haue  appointed  and  authorised  M'  Timothy  Hatherley  to 
marry  any  psons,  according  to  order  of  Court,  in  the  township  of  Scittuate ; 
and  alsoe  to  graunt  warrants  and  supenaes  for  actions  and  to  adminnester  oathes 
either  for  glueing  of  euidence  to  the  grand  jury,  or  otherwise  if  need  require, 
for  this  ^sent  yeare. 

The  Court  doth  allow  and  order  one  barrell  of  powder,  now  in  the  cus- 
tody of  the  major,  to  bee  spent  att  the  next  generall  muster,  and  the  same  to 


COURT    ORDERS.  16'; 

bee  made  vp  againe  by  the  Treasurer  to  the  countreys  stocke  of  powder,  and      1659. 
to  bee  deliuered  to  the  major.  "       i^ ' 

*Wheras  the  Indians,  vizj,  Wamsitta  and  others,  haue  lately  bine  att  the      pkence 
Court,  and  complaine  still  of  great  damage  by  the  horses  of  the  inhabitants        ^iou". 
of  Rehoboth,  the  Court  ordereth,  that  the  townsmen  of  Eehoboth  take  some      [  ^^^■] 
speedy  coui-se  that  theire  horses  doe  not  in-damage  the  Indians,  and  in  speciall 
such  as  had  horses  goeing  on  Causumsett  Necke ;  and  that  when  Captaine 
Willett  is  att  home  the  Indians  which  for  the  futuer  shalbee  soe  treaspased 
are  to  repaire  to  him,  and  hee  is  authorised  heerby  to  take  such  order  therin 
as  shalbee  by  him  thought  meet. 

In  answare  to  a  request  made  to  the  Court  by  Thomas  Burgis,  Seni"^,  for 
a  pcell  of  land  att  Mannomett,  the  Court  haue  ordered  that  Richard  Bourne 
and  M'  Edmond  Freemen  to  take  a  view  of  the  said  land,  and  to  make  report 
therof  vnto  the  Court,  that  soe  a  competencye  may  bee  confieirmed  to  the  said 
Thomas  Burgis,  if  the  Coui't  shall  see  reason. 

Sandwich  is  abated  twenty  shillings  in  theire  rates  for  publicke  charges. 

M'^  Wiliam  Parker  is  complained  of  to  the  Court  for  taking  fiue  shillings 
a  quart  for  stronge  waters. 

Wheras  by  an  order  of  Court  all  freemen  of  this  corporation,  as  Quakers 
or  such  as  are  manifest  encorragers  of  such  and  soe  judged  by  the  Court,  or 
such  as  shall  contemptuously  speake  of  the  lawes  therof,  or  such  as  are  judged 
by  the  Court  grosly  scandalouse,  as  lyers,  drunkards,  swearers,  &6,  they  shall 
loose  theire  freedom  of  this  corporation. 

The  Court  takeing  notice  of  Wiliam  Newland,  of  Sandwich,  Henery 
Howland,  of  Duxburrow,  John  Barnes,  of  Plymouth,  and  Richard  Beare,  of 
M arshfeild,  to  bee  such  in  the  said  order  saith  shalbee  disfranchised,  the  Court 
haue  ordered  theire  appeerance  att  the  Court  of  Assistants,  to  bee  holden  in 
August  next  ensueing,  to  bee  then  and  there  convict  and  censured  according 
to  the  said  order. 

•An  Answare  to  a  Petition  prefered  to  the  Court  by  diners  of  the  Towne  of      [*164.] 

Scittuate. 
Youer  petition  ^sented  to  the  Court  they  haue  seriously  weiged,  and 
being  affectionatedly  desireouse  to  gratify  youer  desires  to  youer  full  satisfac- 
tion soe  farr  as  they  may,  yett  considering  the  dissatisfaction  of  the  countrey 
yett  remaining  conseming  youer  former  cap?,  as  appeers  by  theire  dismising 
of  him  from  that  place  of  trust  to  which  hee  was  by  youer  towne  chosen,  and 
in  reason  would  bee  ill  resented  by  them,  if  att  such  a  time  as  this  wee  should 
confeirme  him  in  such  a  place  of  trust  as  you  desire ;  and  therfore  hope  you 


7  June. 

Prencb, 

God*. 


PLYMOUTH    COLONY    KECOKDS. 

will  not  account  it  any  disrespect  vnto  youer  selues  that  hee  is  not  confeirmed 
in  statu  quo  privs  according  to  youer  request. 
By  order  of  the  Court. 

p  me,  NATHANEELL   MORTON,  Clarke. 


[*165.] 


Experience 
Michell  ap- 
peered  att  the 
October  Court 
following,  and 
serued. 


Forasmuch  as  wee  haue  good  enformation  that  thinges  are  in  such  a 
posture  att  Kennebecke  in  reference  to  some  troubles  amongst  the  Indians, 
some  of  them  being  slayne,  some  carryed  away,  and  therby  alsoe  discurraged ; 
that  there  -is  a  gisent  desisting  from  theire  hunting,  and  soe  a  sessacion  of  the 
trad,  wherby  such  as  haue  rented  the  trad  of  the  countrey  are  soe  farr  discur- 
raged that  they  see,  and  it  probably  appeereth,  that  they  will  not  onely  bee 
disabled  for  paying  the  expected  rent,  but  wilbee  likely  to  suffer  great  losses, 
and  doe  alsoe  feare  they  may  bee  forced  wholly  to  desist  and  to  call  home 
theire  estate  there,  wherby  the  trad  may  bee  indangered  to  bee  lost  for  the 
future  if  some  course  bee  not  taken  about  it, — the  Court  doth  therfore 
recoinend  it  to  the  seuerall  townships  considerations,  and  desire  they  would 
depute  some  man  whom  they  can  betrust  to  signify  theire  minds  att  the  sitting 
of  the  Generall  Court  in  October  next,  and  impower  them  to  acte  in  the  ^mises. 

Graunted  by  the  Court,  that  Wiliam  Tubbs,  of  Duxburrow,  shall  haue  a 
certaine  pcell  of  land  att  Namassackeesett,  lying  betwixt  the  lands  of  Gorg 
Russell,  deceased,  and  the  brooke,  containing  about  twenty  acres  or  ther- 
abouts,  being  aboue  the  path  to  the  Massachusetts. 

*Att  this  Court  Edward  Perrey,  John  Newland,  Wiliam  Allin,  Rob- 
ert Harper,  Ralph  Allin,  Seni',  Josepth  Allin,  Thomas  Vre,  Mathew  Allin, 
Richard  Kerbey,  Juni'',  and  John  Jenkens  appeered,  being  summoned  to 
answare  for  theire  refusing  to  take  the  oath  of  fidelitie,  and  remaining  obstinate, 
were  fined  according  to  order. 

Daniell  Muckenney,  for  being  drunke,  fined  fiue  shillings.  Jeremiah 
Newland,  for  being  drunke,  fined  fiue  shillings  ;  and  for  breaking  the  peace, 
or  glueing  prouaking  speeches  or  carriages,  admonished. 

Josepth  Burgis,  for  taking  away  a  beast  attached  for  the  countrey,  hee 
fined  the  summe  of  twenty  shillings. 

Henery  Dillingham,  for  refuseing  to  serue  in  the  oifice  of  a  cunstable, 
being  chosen  by  the  towne  of  Sandwich,  fined  fifty  shillings. 

Experience  Michell,  for  refusing  to  serue  on  the  grand  enquest,  being 
chosen  for  the  towne  of  Duxburrow,  fined  ten  shillings. 

JMemorand  :  to  send  to  th  -.  seuerall  townes  to  send  in  theire  busines 
about  Kenebecke  to  the  next  October  Com-t.+ 

The  Court  haue  ordered  that  Goodwife  Thomas,  the  Welch  woman,  shall 


COURT    ORDERS. 

not  bee  assisted  by  any  in  setting  vp  any  house  or  cottage  any  where  except 
it  bee  on  her  owne  ground. 


*Att  a  Court  of  Assistants  holden  att  Plymouth  the  2"^  of  August,     2  August. 

1659.  t*166.] 

Before  John  Alden,  Thomas  Southworth,  and 

Josias  Winslow,  "Wiliam  Bradford, 

Assistants,  &6. 

WHERAS  there  is  a  controuersy  depending  betwixt  Thomas  Pope  and 
Wiliam  Shirtlife,  conseming  the  bounds  of  the  lands  of  the  said 
ptyes  lying  att  Strawbery  Hill,  or  the  Reed  Pond,  in  the  township  of  Plymouth, 
the  Court  haueing  heard  what  can  bee  said  on  both  sides,  and  finding  an  issue 
can  not  bee  put  to  it  att  this  fsent  Court,  doe  order  and  request  M'  John 
Howland,  Francis  Cooke,  and  John  Dunham,  Seni"",  to  take  a  convenient  time 
as  soon  as  may  bee  to  repaire  to  the  said  lands,  and  alsoe  such  of  the  ancient 
inhabitants  as  giue  any  testimony  or  light  towards  the  clearing  of  the  case, 
and  that  they,  the  said  John  Howland,  Francis  Cooke,  and  John  Dunham, 
shall  measure  the  said  lands  and  sett  the  bounds  therof  vnto  the  said  pties 
according  to  the  true  and  ancient  bounds,  as  neare  as  may  bee,  and  soe  a  finall 
end  to  bee  put  therby  vnto  the  said  controuersy  ;  and  whatsoeuer  charges  hath 
or  shall  arise  about  the  same  to  bee  bourne  by  the  said  pties  in  equall  proportions. 

Wheras  a  certaine  pau-e  of  wheeles  were  attached  (vpun  a  mistake)  by 
the  marshall  Barlow  att  Sandwich  in  the  behalfe  of  the  countrey,  the  Court 
haueiag  receiued  certaine  enformation  that  the  said  wheeles  did  belong  to 
SamueU  Hickes,  and  were  really  his  before  they  were  attached,  haue  relin- 
quished them,  and  haue  ordered  the  said  Samuel!  Hickes  to  require  them  and 
improue  them  as  his  owne,  as  hee  shall  see  cause. 

Conseming  a  certaine  diiFerence  betwixt  Gorg  Bonum  and  John  Smith, 
Seni"",  of  Plymouth,  about  some  approbrious  speeches  the  said  Smith  should 
speake  of  and  conseming  the  said  Bonum,  the  Court  finding  them  to  bee  of 
friuilous  nature,  ordered  them  to  chose  some  of  theire  naighboures  to  haue  the 
hearing  of  the  said  controuersy  and  to  put  an  end  thervnto. 

Leiftenant  Southworth  aproned  by  the  Court  to  bee  captaine  of  the  mille- 
tary  companie  of  Plymouth. 

M'  Wiliam  Hedge  approued  by  the  Court  to  be  captaine  of  thp  milletary 
companie  of  Yarmouth. 

roi..  III.  22 


170 


PLYMOUTH    COLONY    RECOKDS. 


165  9.     *M  the  Generall  Court  holden  att  Plymouth  the  third  of  October, 
' • 1659. 

3  Octobet. 

[Prence  Before  Thomas  Prence,  GoQ,  Thomas  Southworth, 

GOVERNOH.J 

r*  167.1  "Wiliam  CoUyare,  Wiliam  Bradford,  and 

John  Alden,  Thomas  Hinckley, 

Josias  Winslow, 

Assistants,  &6. 

WHERAS  by  a  former  order  of  Court  the  seuerall  townes  in  this  juris- 
diction were  required  to  send  in  for  each  towne  a  man  ynto  tliis 
Court,  and  to  envest  them  with  full  power  in  their  behalfe,  to  treat  and  con- 
clude about  leting  of  the  trad  att  Kennebecke,  —  accordingly  they  did  send 
those  whose  names  are  vnderwritten. 

For  Plymouth, M'  John  Rowland. 

For  Duxburrow, Constant  Southworth. 

For  Scittuate, Robert  Studson. 

For  Sandwich, Thomas  Tupper. 

For  Taunton, James  Walker. 

For  Yarmouth, M'  Edmond  Hawes. 

For  Barnstable, M'  Thomas  Hinckley. 

For  Marshfeild, Leiftenant  White. 

Rehoboth, Sent  in  theire  minds  by  writinge. 

For  Eastham, Richard  Sparrow. 

Wheras  by  order  of  Court  bearing  date  the  seauenth  of  June,  1659,  it 
was  recoinended  to  the  seuerall  townshipes  to  send  theire  deputies  impowered 
to  acte  in  the  ordering  and  settleing  of  the  trad  att  Kennebecke,  which  was 
much  interupted  by  reason  of  some  troubles  amongst  the  Indians,  to  the  great 
discurragment  of  the  fsent  farmers  therof ;  — 
6  October.  In  psuance  of  which  said  order  the  deputies  sent  from  the  seuerall  town- 

shipes, vpon  theire  serious  consideration  of  the  matter  betrusted  with  them, 
haiie,  this  sixt  of  October,  1659,  couenanted  and  agreed  together  with  the 
farmers  of  the  said  trad,  vizj,  M'  Thomas  Prence,  Mistris  AUice  Bradford, 
Seni"^,  Captaine  Thomas  Willett,  and  Major  Josias  Winslow,  in  manor  and 
forme  as  foUoweth,  vizJ  : 

That  the  rent  of  the  said  trad  for  the  yeare  one  thousand  six  hundred 
fifty  and  nine,  fully  compleat  on  the  first  of  Nouember  next  ensuing,  bee 


COURT    ORDERS.  I7I 

wholly  remitted  by  the  countrey  to  the  aforsaid  farmers,  and  that  *teii  pounds      16  59. 
in  money  bee  payed  vnto  the  countrey  by  the  aforsaid  farmers  for  the  yeare    "       i*^       ' 

.,.,.,.  6  October. 

next  ensuing,  during  which  time  the  farmers  engage  to  carry  on  the  trad  as      i-pjjence 
formerly,  and  att  the  end  of  the  said  tearme,  vizj,  on  the  first  of  Nouember,    Governor.] 

—  , _,, .„  „„ „„  ^ "J 

nebeck  trade  firee,  without  any  engagement  vnto  the  countreyes  dispose,  as 
they  shall  thinke  meet,  not  leaueing  aboue  fine  hundred  slcines  in  any  debts 
to  bee  required  of  the  Indians  ;  the  which  incase  they  to  whom  the  countrey 
shall  dispose  the  said  trad  will  not  giue  to  the  aforsaid  farmers  six  shillings  a 
skine  for  the  said  debts,  then  it  shalbee  lawfall  for  them,  by  theire  agent  or 
agents,  to  deraaund  and  procure  the  said  debts  in  such  a  way  as  is  the  vsuall 
course  of  obtaining  such  debts,  without  any  violent  seizsure  on  them,  the 
aforsaid  farmers  alsoe  engageing  not  to  haue  any  trade  with  the  Indians  there 
any  longer  then  to  the  end  of  the  tearme  aforsaid,  vizj,  vntill  the  first  of 
Nouember,  1660.  In  witnes  wherof  they  haue  heervnto  sett  theire  hands 
enterchangably  the  day  and  date  abouesaid. 

THOMAS   PRENCE, 

The  marke  of  M^'*™  A/)  ALLICE   BRADFORD, 

f  in  the  behalfe 
JOSIAS  WINSLOW,         ^   , 

[    01  the  rest, 

CONSTANT   SOUTHWORTH, 

The  maike  /^^p^  of  ROBERT    STUDSON, 

JAMES   AVALKER, 

EDMOND   HAWES, 

THOMAS   HINCKLEY, 

RICHARD  SPARROW, 

PEREGRINE   WHITE. 

In  the  case  betwixt  Thomas  Clarke  and  Samuell  Jenney,  about  the  daugh- 
ter of  Samuell  Jenney,  named  Sarah  Jenney,  vpon  diners  considerations  the 
Court  haue  agreed  and  doe  order,  that  Samuell  Jenney  shall  haue  his  said 
daughter  deliuered  vnto  him,  although  notwithstanding  the  Coui-t  doe  heerby 
declare  themselues  that  they  expect  that  the  said  Thomas  Clarke  to  haue 
respect  to  the  said  child,  and  a  care  of  her  and  her  portion  as  an  ouerseer, 
according  to  the  will  of  M"  Jenney. 

*Att  this  Court  Ensigne  John  Williams  appeered  to  answare  the  com-      [*169.] 
plaint  of  Robert  Barker  and  Deborah  Barker,  the  daughter  of  John  Barker, 
deceased,  for  that  hee,  the  said  Ensigne  Williams,  was  accused  to  haue  misvsed 
the  said  Deborah  Barker,  she  haueing  lined  with  him  ;  hee  produceing  many 


172  PLYMOUTH    COLONY    RECORDS. 

1659.  euidences  to  cleare  his  innosensy  in  the  pmises,  the  Court  could  not  find  the 
acusation  to  bee  true  ;  notwithstanding,  vpon  some  considerations,  ordered,  that 
the  said  Deborah  Barker  should  not  bee  returned  againe  vnto  her  said  vnkell, 
Ensigne  "Williams,  but  should  chuse  her  guardian,  and  either  line  with  him  or 
bee  disposed  of  to  some  other  honest  man  to  seruice  as  hee  should  thinke 
meet ;  att  which  time  the  said  Deborah  Barker  ^  make  choise  of  Thomas  Bird, 
of  Scittuate,  whoe  was  then  psent  in  the  Court,  to  bee  her  guardian,  which 
was  approued  by  the  Court ;  and  with  him  shea  returned  home,  to  bee  with 
him  vntill  shee  should  bee  otlierwise  by  him  hee  disposed  of. 

An  order  di-  These  are  to  signify  vnto  you,  Robert  Dennis,  that  the  Court  requireth 

ert  Dennis.  7°^^  according  to  the  last  will  and  testament  of  Willam  Chase  deceased,  that 
you  make  deuision  of  his  estate  according  to  the  tenure  therof,  vizj  :  to  Benja- 
mine  Chase,  son  of  the  said  Wiliam  Chase,  two  ptes  of  three  therof,  and  the 
other  remaining  third  pte  to  "VViliam  Chase,  Junier,  the  eldest  sonne  of  the 
said  Wiliam  Chase,  deceased. 

The  Courts  order,  p  me,         NATHANEELL   MORTON,  Clarke. 

October,  1659.  M'  Thomas  Hinckley  is  appointed  and  deputed  by  the 
Court  to  adminnester  an  oath  to  the  witnesses  of  the  will  and  inventory  of  the 
late  deceased  Wiliam  Chase. 

October,  1659.  Wee,  whose  names  are  vnderwritten,  haueing  made 
serch  and  enquiry,  according  to  our  best  light  and  vnderstanding,  into  the  cause 
of  the  death  of  Mary  Chase,  vizj,  of  our  towne  of  Yarmouth,  doe  with  joynt 
consent  psent,  the  day  and  yeare  abouesaid,  that  wee  can  find  noe  other  but 
that  shee  died  a  naturall  death  through  inward  sicknes,  as  is  euident  to  all 
men  naturally. 

ANTHONY  THACHER,  JOHN   MILLER, 

ROB:  DENNIS,  ANDREW  HALLOTT, 

JOHN  JOYCE,  RICHARD   TAYLER, 

JOHN  HALL,  JOHN   CROW, 

SAMUELL  RYDER,  WILLAM   HEDGE, 

RICHARD  HORE,  EDWARD   STURGIS. 

[*170.]  *In  answare  to  a  petition  prefered  to  the  Coui-t  by  the  townsmen  of  Taun- 

ton, requesting  that  some  g>sons  may  bee  deputed  by  the  Comt  to  rectify  the 
bounds  of  theire  towne,  the  Court  doth  request  and  appoint  Cap?  James  Cud- 
worth,  M'  Josias  Winslow,  Seni"-,  and  M'  Constant  Southworth  to  doe  the 


COURT    ORDERS.  I73 

same  accordingly  as  is  expressed  in  the  said  petition,  prouided  they  doe  noe      1659. 
way  intrench  vpon  any  lands  alreddy  graunted  to  any  English  reserued  for    "       r— — ' 

.  1      T    J  •  6  October. 

the  Indians.  „ 

Pkestce, 

Conserning  the  complaint  of  Thomas  Lettice  against  Thomas  Pope,  for        Gou". 
abusive  carriages  att  the  miU  att  Plymouth  towards  the  said  Lettice,  the  said 
Thomas  Pope  is  fined  by  the  Coui-t  the  suine  of  ten  shillings  to  the  vse  of  the 
coUonie. 

M'  Edmond  Freeman,  Juni',  for  reftising  to  assist  Gorge  Barlow,  the 
marshall  of  Sandwich,  in  the  execution  of  his  office,  is  fined  ten  shillings  to 
the  countreyes  vse. 

Thomas  Burgis,  Juni',  for  the  same  default,  fined  ten  shillings  to  the  vse 
of  the  coUony. 

Edward  Perrey,  for  vseing  threatning  speeches  to  the  aboues*  marshall, 
is  fined  to  the  vse  of  the  coUony  twenty  shillinges. 

Edward  Perry,  for  killing  a  steer  belonging  to  the  countrey, 

Stephen  Winge  being  complained  of  by  the  marshall,  Barlow,  for  refusing 
to  assist  him  in  the  countreyes  seruice,  being  required  att  three  seuerall  times, 
the  said  Stephen  Winge  is  fined  to  the  vse  of  the  countrey  the  summe  of 
twenty  shillings. 

Thomas  Lucas,  for  being  drunke,  fined  ten  shillinges  to  the  collonies  vse. 

*Wiliam  Gifford,  being  complained  by  Marshall  Barlow,  for  afironting  [*171.] 
him  in  the  hieway  neare  a  bridge,  ouer  which  hee  should  haue  driuen  some 
cattle  of  the  countreyes,  yett  forasmuch  as  Wiliam  Gifford  affeirmeth  that  hee 
was  not  directly  in  his  way,  but  in  an  old  path  leading  to  his  house,  the  Court 
suspends  theire  judgment  for  the  ^sent,  vntill  the  place  bee  viewed,  and  soe 
the  matter  bee  made  more  euident. 

Forasmuch  as  this  Court  findeth  that  our  people  of  Sandwich,  called  An  order  to 

Barlow. 

Quakers,  haue  had  by  them  many  papers  and  writings  that  are  both  falce, 
scandalous,  and  pnisious  to  the  goiiment  :  — 

These  are  therefore,  in  the  name  of  the  state  of  England,  to  require  Gorge 
Barlow,  marshall  of  Sandwich,  to  take  with  him  a  man  or  two,  and  to  repaire 
to  the  house  of  Wiliam  Newland  and  Ealph  AUin,  of  Sandwich,  and  Nicolas 
Dauis,  of  Barnstable,  to  make  serch  in  any  pte  of  theire  houses,  or  in  any  the 
chists  or  trunkes  of  the  abous'^,  or  elswhere,  for  any  such  papers  or  writinges, 
and  to  returne  such  as  they  shall  soe  find,  either  to  the  Court,  or  gou"",  or  some 
of  the  Assistants. 

To  M'  Hawes,  the  cunstable  of  Yarmouth.  An  order  to  the 

cunstable  of 

These  are  to  signify  vnto  you,  that  the  Court  requires  you  to  deliuer  vnto  Yarmouth. 


174  PLYMOUTH    COLONY    RECORDS. 

1659.      Kobert  Dennis,  att  Ms  demaund,  a  firkin  of  butter  by  you  attached,  in  the 

"       ^       '    custitie  of  Richard  Tayler,  att  the  suite  of  the  said  Robert  Dennis,  which  was 

p  '  '  somtimes  belonging  to  "Willam  Norkett ;  the  said  Robert  Dennis  heerby  stand- 

Gou».        ing  engaged  to  the  Court  to  cleare  the  case  about  the  said  butter  if  it  conies 

in  question  for  the  future. 

[*172.]  *M'"  Alden,  Captaine  Southworth,  Constant  Southworth,  and  Gorge  "Wat- 

son are  appointed  by  the  Court  to  view  the  lands  of  Nathaneell  Warren,  &S, 
and  to  range  the  said  lands,  and  to  put  a  finall  issue  to  the  difference  betwixt 
him  and  his  naighbours  respecting  the  bounds  of  theire  said  lands  in  con- 
trouersy. 

Thomas  Butler,  for  refusing  to  serue  in  the  ofiice  of  a  cunstable,  fined 
according  to  order  fifty  shillinges. 

Conserning  the  complaint  of  Goodwife  Thomas,  the  Welch  woman,  the 
Court  haue  ordered,  that  shee  repaire  to  M'  CoUyare  and  M'  Alden,  to  Dux- 
burrow,  att  such  time  as  they  shall  send  for  her,  and  they  are  to  heare  and 
determine  what  is  meet  in  the  case. 

Conserning  a  certaine  woman,  vizj,  the  wife  of  John  Spring,  of  Water- 
towne,  which  was  somtimes  the  wife  of  Thomas  Hatch,  of  Scittuate,  which 
said  woman  hath  lined  about  three  or  foure  yeares  att  Scittuate  from  her  hus- 
band, the  Court  haue  ordered,  that  shee  either  repaire  to  her  husband  with  all 
convenient  speed,  or  to  repaire  to  Duxburrow  to  the  house  of  M'  Alden,  on 
the  twentyeth  of  this  ^sent  month  of  October,  to  giue  a  reason  why  shee  doth 
not ;  and  incase  shee  shall  refuse  to  attend  this  order,  the  Court  will  take  a 
speedy  course  to  send  her  to  her  said  husband. 

In  answare'to  the  proposition,  directed  to  the  seuerall  townships,  to  send 
in  theire  minds  whether  to  summon  in  all  the  fireemen  to  the  next  June  Court 
or  not, — 

The  number  of  voates  for  are  sixty  and  three. 

The  number  of  voates  against  are  an  hundred  and  eleuen. 
[*173.]  *Captaine  Wiliam  Bradford,  Leiftenant  John  Freemen,  and  Comett  Rob- 

ert Studson  are  confeirmed  by  the  Court  to  bee  comission  ofilcers  of  the  troop 
of  horse. 

Att  this  Court  open  proclamation  was  made,  that  if  any  shall  come  in  betwixt 

this  date  and  the  Generall  Court,  to  bee  holden  att  Plymouth,  the  first  Tusday 

in  March  next,  and  can  claime  any  just  debt  from  the  estate  of  Robert  Water- 

_,, .  ^^g  ^^^^  man,  satisfaction  shalbee  made  proportionable  to  the  said  estate,  or  otherwise 

June  7",  1660,  a  quietus  est  will  then  bee  graunted  to  Elizabeth,  somtimes  the  wife  of  the 

by  order  of  the 

Court.  said  Robert  Waterman ;  and  since  that  time  vntill  the  seauenth  of  June^  1660, 


COURT    ORDERS.  I75 

none  came  in,  and  then  a  quietus  est  was  graunted  vnto  Elizabeth,  sometimes      165  9. 
the  wife  of  the  ahouesaid  Eobert  "Waterman.  "        '       ' 

6  October. 
Prence, 

An  agreement  made  this  11*'=  of  March,  in  (57)  and  (58,)  between  the  ^°"''- 
towne  of  Barnstable  and  the  towne  of  Yarmouth,  by  foure  men  chosen  joyntly 
by  both  the  townes,  -vizj,  M'  Thomas  Prence,  Eichai'd  Chadwell,  Eichard 
Higgens,  and  Eichard  Bom-ne,  that  the  bounds  extending  into  the  sea  one 
mile  shalbegine  from  the  middle  of  the  mouth  of  Stoney  Coue  Creeke,  and 
soe  from  the  middle  therof  to  run  due  north  into  the  sea.  Moreouer,  it  is 
further  agreed  by  both  the  townes,  that  incase  the  line  extending  into  the 
land  run  more  to  the  westward  then  is  expressed  in,  the  coppy  of  the  graunt, 
vizj,  south  south  west,  that  then  the  foure  men  aboue  specifyed  shall  haue 
power  to  rectify  the  line  att  sea  accordingly  as  they  shall  see  meet,  or  else  this 
agreement  to  stand  feirme  for  theire  ppetuall  bounds. 

THOMAS   PEENCE, 
EICHAED   CHADWELL, 
EICHAED   HIGGENS, 
EICHAED   BOUENE. 

*Thomas  Ewer,  for  his  tumultuous  and  seditious  carriages  and  speeches  in  [*174.] 
the  Court,  was  sentanced  by  the  Court  to  lye  necke  and  heeles  during  the 
pleasure  of  the  Court ;  but  whiles  the  Court  was  yett  in  being  they  were 
enformed  by  credable  testimony  that  the  said  Ewer  was  an  infeirme  man,  and 
was  troubled  with  a  rupture,  hee  himselfe  alsoe  saying  that  hee  is  broken ;  and 
therfore  the  Court  suspended  the  sentence  soe  as  not  to  execute  it,  but  declared 
vnto  him  openly  that  if  hee  would  not  carry  better  in  the  Court  for  the  future, 
and  rule  his  tongue,  they  will  take  a  course  to  rid  him  out  of  the  collonie. 

On  the  complaint  of  an  Indian,  named  "Wampeas,  against  Eichard  Chad- 
well,  that  hee  had  beaten  and  wrongfully  abused  him,  the  Court  directed  an 
order  to  the  said  Eichard  Chadwell,  to  bee  in  a  reddines  against  the  gou""  or 
M"'  Hinckley  goeth  home,  that  soe  they  or  either  of  them  may  heare  the  case, 
and  order  the  same  as  they  shall  see  reason  vpon  examination  of  pticulares. 

On  the  complaint  of  Nathaneell  Morton,  the  clarke  of  the  Court,  against 
Humphrey  Johnson,  the  cunstable  of  Scittuate,  1658,  for  vnrighteously  de- 
taining a  pte  of  his  wages  the  same  yeare,  the  said  Johnson  not  appeering  by 
reason  of  the  late  death  of  his  father,  the  Court  ordered,  that  hee  should  bee 
summoned  to  appeer  att  the  next  Court,  to  answare  the  said  complaint. 

Memorand  :  about  the  case  of  Willam  Newland,  conserning  dealing  in 


176  PLYMOUTH    COLONY    RECOKDS. 

165  9.     an  vnder  hand  way  with  the  Indians  about  paying  for  land,  that  further  eui- 

^       ^       '    dence  bee  procured  before  that  matter  bee  issued. 

Memorand  :  that  the  marshall.  Barlow,  attached  an  horse  of  "Wiliam 
Fbence, 

Oou^        Newlands,  before  hee  gaue  notice  therof  to  the  owner. 

Memorand  :  that  enquiry  bee  made  conserning  the  defect  of  Joanes 
Eiuer  bridge. 

Att  this  Court,  Wiliam  Ledra  and  Peter  Peii-son,  two  of  those  caled 
Quakers,  whoe  haue  bine  prisoners  att  Plymouth  for  some  time,  were  sent  for 
seuerally  out  of  prison,  and  g>sented  before  the  Court,  whoe  were  demaunded 
if  they  would  engage,  according  to  the  law,  to  depart,  and  to  come  into  this 
collonie  noe  more,  and  pay  their  fees  to  the  jayler ;  if  soe  they  might  forthwith 
depart,  which  they  both  refused  to  doe  ;  asperting  the  law,  in  agitation  about 
which  the  said  Peter  Peirson  openly  deneyed  the  humanitie  of  Christ ;  and 
they,  seuerally  refusing  to  answare  the  law,  v/ere  returned  to  the  place  whence 
they  came. 
[*175.]  *Att  this  Court  Edward  Perrey,  John  Newland,  Kalph  AUin,  Wiliam 

AUin,  Mathew  Alliu,  Gorge  AUin,  Josepth  AUin,  Daniell  "Winge,  Tho  Ewer, 
Eichard  Kerbey,  Juni"',  Eob  Harper,  appeered,  being  summoned,  and  were 
demaunded  whether  the  would  take  the  oath  of  fidelitie  to  the  state  of  Eng- 
land and  to  this  gou'ment,  which  they  refusing  to  doe  were  fined,  according 
to  the  law,  each  of  them  fine  pounds,  to  the  vse  of  the  collonie.  John  Jenkens, 
of  Sandwich,  sent  word  that  hee  was  of  the  same  mind  with  the  aforsaid  pties, 
and  alsoe  was  fined  fiue  pounds. 

Memorandum:  to  warne  James  Lenard,  Phillip  Lenard,  Jeremiah  New- 
land,  and  John  Turner,  all  of  Taunton,  psonally  to  appeer  att  the  Court  to  bee 
holden  the  first  Tusday  in  March  next,  to  answare  for  sundry  misdemenors  by 
them  practised  att  Taunton. 

Att  this  Court,  Eichard  French  appeered  to  answare  to  such  pticulares  as 
should  bee  objected  against  him  ^  Hepthsibath  Andrew,  for  comitting  bodily 
vncleanes  with  her ;  but  shee  not  appeering,  hee  was  for  the  fsent  cleared,  and 
his  bond  deliuered,  and  hee  was  left  to  his  libertie  to  procecute  against  the 
said  Hepthsibath  Andrwes,  if  hee  pleased. 

Att  this  Court,  John  Barnes,  Wiliam  Newland,  and  and  Henery  Howland 
appeered,  being  sumoned,  and  were  convicted  by  law,  and  sentanced  by  the 
Coiu-t  to  bee  disfranchised  of  theire  freedome  of  this  corporation ;  the  said 
John  Barnes,  for  his  frequent  and  abominable  drunkenes,  and  Wiliam  New- 
land  and  Henery  Howland  for  theire  being  abettors  and  entertainers  of  Quakers, 
contrary  to  the  aforsaid  order ;  likewise  Eichard  Beare,  of  Marshfeild,  for 


COURT    ORDERS.  177 

being  a  grossly  scandalouse  pson,  debaugh.ed,  haueing  bine  formerly  convicted      165  9. 
of  filthy,  obseane  practises,  and  for  the  same  by  the  Court  sentanced ;    as  ' 

6  October, 

alsoe  faling  vnder  the  breach  of  the  aforsaid  law,  was  summoned  by  the  Court      pke^oe 
psonally  to  appeer  to  receiue  the  said  sentance  of  being  disfranchised  as  afor-        Gou*. 
said,  but  hee  appeered  not.    Notwithstanding  his  facts  and  course  of  life  being 
pspecuouse  and  mannifest,  hee  was  likewise  sentanced  to  bee  disfiranchised  of 
his  fireedome  of  this  corporation. 


*Att  a  Court  of  Assistants  holden  ait  Plymouth  the  sixt  of  December,   6  December, 

1659.  [*1T6.] 

Befoke  Wiliam  Collyare,  Thomas  Southworth,  and 

John  Alden,  "Wiliam  Bradford, 

Josias  "Winslow, 

Assistants,  &S, 

ATT  this  Court,  Josepth  Prior,  beiag  sumoned,  appeered  to  answare  for 
pilfering  and  p^'loyning  practices,  and  other  vnworthy  carriages  relate- 
ing  thervnto,  vizj,  in  alluring  a  younge  maide,  a  kinswoman  to  M'  Wiliam 
CoUyares,  to  healp  him,  the  said  Prior,  to  sundry  thinges  ptaining  to  the  said 
M'  Collyare,  without  knowlidg  of  or  leaue  from  M""  Collyare  or  M'^  Jane 
Collyare,  his  wife ;  but  forasmuch  as  euidence  was  not  extant  in  Court  to 
cleare  vp  the  said  accusation,  the  said  Prior  denying  sundry  gticulares  that 
was  layed  to  his  charge,  the  Court  bound  him  ouer  to  appeer  att  the  Court 
to  bee  holden  att  Plymouth  the  first  Tusdy  in  March  next,  to  answare  to 
the  said  accusation. 

M'  "Wiliam  Collyare  oweth  the  state  of  England  the  suffie  of  .  20". 

The  condition,  that  if  the  said  "Wiliam  Collyare  shall  either  appeer  in 
pson  or  any  for  him  att  the  Court  to  bee  holden  att  Plymouth  the  first  Tusday 
in  March  next,  to  prosequte  against  Josepth  Prior  about  his  purlayning  and 
pilfering  from  the  said  "Wiliam  Collyare,  and  other  pnisious  practises  relateing 
to  that  matter  ;  that  then,  &6. 

John  Barnes  oweth  the  state  of  England  the  surae  of    .     .     .     10". 

Josepth  Prior  the  suine  of 20. 

The  condition,  that  if  the  said  Josepth  Prior  shall  appeer  att  the  Coiirt 
to  bee  holden  att  Plymouth  the  first  Tusday  in  March  next,  to  answare  to  all 
such  pticUlares  as  shalbee  objected  against  him,  in  speciall  for  his  pilfering 

VOL.  III.  23 


G  I>ecember. 

Feence, 


178  PLYMOUTH    COLONY    KECORDS. 

1659.      and  stealing  from  M""  "Wiliam  CoUyare,  with  other  pnisious  practices  relateing 
to  that  matter  layed  to  his  charge  ;  that  then,  &6. 

The  Court  haue  alowed  vnto  John  Washhourn,  Juni'',  cunstable  of  Dux- 
Gou".        bui-row,  for  seruing  an  arest  on  Josepth  Prior,  twelue  pence,  and  for  coming 
to  Plymouth  and  a  dayes  attendance  on  that  busines  1'  6"*,  to  bee  payed  by 
the  said  Prior  to  the  said  cunstable. 

[*177.]  *Wheras  Thomas  Greenfeild,  coming  lately  out  of  England,  and  arriveing 

att  Road  Hand,  came  into  these  ptes  about  the  fourteenth  day  of  Nouember, 
and  brought  Mary  Dier  with  him  to  Plymouth,  contrary  to  an  order  of  Court 
which  prohibeteth  any  of  those  called  Quakers  to  come  into  this  juiisdic- 
tion,  shee,  the  said  Mary  Dier,  being  one  of  those  soe  called ;  and  hee,  the 
said  Greenfeild,  being  examined  and  required  to  answare  directly  whether  hee 
had  any  residence,  vizj,  house  or  land,  att  Sandwich,  within  this  goflment  or 
noe,  hee,  refusing  to  make  any  answare  to  that  demaund,  was  therfore  (after 
being  vrged  to  speak  and  giue  answare  to  the  said  query)  comited  to  prison 
according  to  order,  as  falling  vnder  the  account  of  a  foraigne  Quaker,  and 
att  this  Court  was  brought  before  authoritie  and  againe  examined  vpon  the 
f  mises,  and  refused  to  make  any  satisfactory  answare  ;  notwithstanding  wheras 
M"^  Edmond  Freeman,  Seni'',  of  Sandwich,  appeering  in  Court  and  affeirming 
that  the  said  Greenfeild  hath  house  and  land  in  the  liberties  of  Sandwich, 
with  other  concurrent  testimony  to  the  same  effect,  the  Court  saw  reason  to 
release  the  said  Thomas  Greenfeild,  and  accordingly  hee  was  released,  paying 
his  fees,  which  hee  refused  to  doe  ;  wherfore  the  Court  was  constreined  to  take 
other  course  to  satisfy  the  same  out  of  the  estate  of  the  said  Greenfeild,  by 
warrant  directed  to  the  marshall.  Barlow,  for  the  same  purpose,  which  said 
charge  of  imprisonment  amounted  to  the  suine  of  thirty  shillings. 

And  the  said  Greenfeild,  for  his  bringing  in  or  being  a  conduct  to  the 
said  Mary  Dier  from  Road  Hand  to  Plymouth,  was  sentanced  to  pay  for  her 
transportation  backe  to  Road  Hand  the  suine  of  sixteen  shillings,  and  for  the 
fees  of  Mary  Diers  imprisonment  the  sume  of  eleuen  shillings ;  which  said 
sumes  the  marshall.  Barlow,  was  by  warrant  required  to  leuy  on  the  estate  of 
the  said  Thomas  Greenfeild,  whersoeuer  hee  should  find  it  within  his  liberties. 
Att  this  Court,  Wiltam  Ledra  and  Peter  Peirson,  two  of  those  called 
Quakers,  whoe  were  some  time  since  comited  to  prison  att  Plymouth  accord- 
ing to  the  law,  as  being  foraigne  Quakers,  apeered  and  were  demaunded  seu- 
erally  whether  they  would  depart  the  goQment  in  some  competent  time,  vizj, 
two  or  three  dayes,  incase  weather  and  strength  were  suitable,  and  that  noe 
vnexpected  prouidence  in  the  aforsaid  respects  did  not  or  should  not  fall  in 
the  way  in  the  interim,  and  whether  it  was  theire  g>sent  intensions,  without 


6  December. 

PUENCE, 


COURT    ORDERS.  I79 

any  sinestery  reseruation,  dii-ectly  *to  depart  the  goiinient,  with  intension  (the      1659. 

Lord  willing)  not  to  retiu-ne  into  the  goiinient  any  more ;  they  answared  they 

could  not  engage  to  any  certaine  time  to  depart  the  goQment ;  vpon  which 

theii-e  answare  they  were  againe  returned  to  prison,  and  order  was  giuen  to        <'°^''- 

M"^  Southworth  and  M'  Bradford,  that  if  vpon  beter  consideration  they  should      t   1*8.] 

or  would  accept  of  the  conditions  of  the  aforsaid  tender  of  the  Court,  they 

are  to  release  them. 

Att  this  Court,  James  Cole,  Seni',  and  Edward  Gray  appeered,  to  lay 
claime  to  a  pceU  of  iron  wedges  that  were  brought  from  Taunton,  which  an 
Indian  had  stolen  and  sould  att  Taunton ;  but  the  Court,  haueing  not  cleare 
light  to  determine  whose  the  wedges  are,  caused  them  to  bee  cecured  vntill 
the  Indian  that  is  supposed  to  haue  stoUen  them  can  bee  apprehended  and 
examined,  and  therfore  tooke  a  course  that  the  Indian  should  bee  appre- 
hended. 

Att  this  Court  an  execution  was  issued  forth  to  arest  the  goods  or  chat- 
ties of  Edward  Perrey  ymediately,  to  satisfy  vnto  Henery  Saunders  the  sume 
of  fine  pounds  and  ten  shillings  and  charges,  wherof  the  said  Perrey  is  convict 
in  course  of  law. 

Att  this  Court,  John  Dunham,  Seni',  and  Henery  Wood,  in  the  behalfe 
of  themselues  and  others,  complained  of  injustice  in  the  proceedings  of  the 
rators  for  publicke  charges  for  the  towne  of  Plymouth ;  but  because  none  of 
the  said  rators  appeered  to  answare  for  themselues,  the  Court  apointed  M'' 
Southworth  and  M'  Wiliam  Bradford  to  treat  with  them  about  the  ^mises, 
and  to  issue  the  said  difference,  and  put  an  end,  if  it  may  bee,  to  the  said 
greiuance. 

Att  this  Court  Henery  Wood  tooke  the  oath  of  a  grandjuryman. 


*/ 


*A  Writing  appointed  to  bee  recorded.  [*179.] 

Wheras  John  Sutton  complained  of  Abraham  Sutlife,  and  Sarah,  his  wife, 
in  an  action  of  defamacon,  for  that  the  said  Sarah  Sutlife  hath  reported  that 
the  said  John  Sutton  was  basely  begotten  and  basely  borne,  I,  the  said  Sarah 
Suttlife  acknowlidge  I  soe  said ;  but  it  was  vnaduisedly  spoken  by  mee,  I  haue- 
ing noe  ground  nor  cause  soe  to  speake,  neither  know  any  such  thinge  by  him, 
and  ame  very  sorry  I  wronged  the  said  John  Sutton  in  soe  saying,  and  doe 
promise  to  make  this  acknowlidgment  att  Scittuate  meeting  house,  that  is  near 
Stony  Brooke,  the  first  Lords  day  in  this  g>sent  October,  as  soone  as  fore  noon 
exersice  is  done ;  this  writing  being  red,  the  said  Sarah  is  to  owne  it  to  bee 
her  acknowlidgment,  or  Abraham  Sutlife  is  to  owne  it  in  behalfe  of  his  wife, 
as  her  acknowlidgment ;  and  it  is  lawfull  for  the  said  John  Sutton  to  record 


6  December. 

Prence, 

Gou". 


ISO  PLYMOUTH    COLONY    RECORDS. 

1659.  these  psents  att  Plymouth  Coui-t,  or  elsewhere,  as  hee  shall  see  cause ;  and 
incase  this  bee  not  pformed  as  abouesaid,  John  Suttons  action  may  proceed ; 
but  if  it  bee  don,  the  action  is  att  an  end.    Dated  the  2'=™*  of  October,  1659. 

The  marke  of  SAEAH    ^  SUTLIFE. 

Witnesed  by  ys, 

James  Cud-worth, 
Thomas  Robinson. 

This  writing  being  red  the  day  within  written,  was  owned  by  Sarah 
Sutlife. 

Witnessed  by  vs,  JOHN   TURNER, 

JOSEPTH  TURNER. 


1659-60.     *^tt  the  Generall  Court  held  att  Plymouth  the  seauenth  of  March, 
' '  1659. 

7  March. 

[*180.]  Before  Thomas  Prence,  Gou',  Josias  Winslow, 

Willam  CoUyare,  Thomas  Southworth, 

John  Alden,  Wiliam  Bradford,  and 

Thomas  "Willett,  Thomas  Hinckley, 

Assistants,  &(3. 

WHERAS  complaint  is  made  against  ,  seruant  to  Leif- 

tenant  Peter  Hunt,  of  Rehoboth,  that  hee,  the  said  , 

hath  attempted  the  chastity  of  an  Indian  woman,  by  offering  violence  to  her, 
and  that  the  complaint  hath  bine  heard  before  Captaine  Willett,  and  that 
there  is  great  appeerance  of  truth  in  the  said  charge  ;  the  Court  haue  ordered 
that  the  said  Capt  Willett  shall  further  examine  the  said  youth,  named 
,  and  incase  hee  shall  find  the  accusation  to  bee  true,  that  hee 
cause  due  correction  to  bee  giuen  him,  and  determine  alsoe  otherwise  about 
the  said  fact  as  hee  shall  judge  meet. 

Wheras  Josepth  Prior  was  bound  ouer  vnto  this  Court,  to  answare  for 
pilfering  and  p'^loyning  practices  from  M'  Wiliam  CoUyare,  with  other  vn- 
worthy  carriages  relateing  theriinto,  the  said  Prior  appeering,  and  shewing  and 
expressing  great  humiliation  for  the  same,  the  Court  haue  att  fsent  desisted 
from  further  proseeding  against  him. 

Wheras  Wiliam  Bassett,  of  Sandwich,  hath  devoulged  diuers  reports 
conserning  the  marshall.  Barlow,  and  that  therby  the  said  marshall  is  wronged. 


COUKT    ORDERS.  181 

the  said  reports  being  found  vntrue,  the  Court  haue  amerced  the  said  "Wiliam    1659-60. 
Passett  to  pay  vnto  the  said  marshall  the  sume  of  ten  shillinges  for  charges    ''^      '''        ' 
of  attendance  att  the  Court,  in  answaring  and  clearing  the  said  reports ;  leaue-      tphence 
ing  the  said  Bai-low,  incase  WiUram  Bassett  will  not  pay  the  said  sume  of  ten        Clou", 
shilhnges,  to  prosequte  further  against  the  said  Bassett  if  hee  please. 

*The  Court  giues  libertie  vnto  Gyles  Rickard,  Seni"',  of  Plymouth,  to      [*181.J 
keep  an  ordinary  for  entertainment  of  strangers,  alwaies  prouided  that  hee 
suffer  none  of  the  towne  of  Plymouth  to  buy  either  wine  or  stronge  liquors 
of  him  of  any  kind,  but  such  as  they  'will  make  vse  of  att  their  owne  homes, 
as  the  said  Rickard  will  answare  it  att  his  pill. 

Att  this  Court,  John  Newland,  Ralph  AUin,  "Wiliam  AUin,  Gorge  Allin, 
Daniell  Winge,  Robert  Harper,  and  John  Jenkens  appeered,  being  suinoned, 
and  were  requii-ed  to  make  answare  whether  they,  would  take  the  oath  of 
fidelitie  to  the  state  of  England  and  this  p'sent  goQment,  and  they  seuerally 
refused ;  Edward  Perrey  and  Mathew  Allin  absented  themselues ;  Josepth 
Allin,  Thomas  Ewer,  and  Richard  Kerbey  appeered,  but  they  said  they  were 
not  summoned. 

Thomas  Lucas,  for  his  abusive  and  threatening  speeches  and  turbulent 
carriages  towards  the  wife  of  James  Cole,  Seni"^,  and  the  child  of  James  Cole, 
Juni',  is  fined  by  the  Coxu-t  the  sume  of  thirty  shilhnges. 

Thomas  Sauory,  for  being  drunke,  fined  fiue  shillinges. 

The  Court  doe  alow  vnto  Gorge  Barlow  the  sume  of  six  ponds,  in  an- 
sware vnto  his  biU ;  and  for  the  future  for  euery  Court  hee  shall  appeer  and 
attend  on  the  Courts  busines  hee  is  alowed  the  sume  of  ten  shillinges. 

*The  Court  haue  graunted  vnto  Cap?  Richard  Moris,  to  him  and  to  his      [*182.] 
heires  and  assignes  foreuer,  a  certaine  neck  of  land    called  Nunnaquaquat 
Necke,  or  Pochasett,  by  him  akeddy  purchased  of  the  Indians ;  as  alsoe  a 
pcell  of  meddow  lying  vpon  the  east  side  of  the  coue  or  pond,  being  about 
the  quantitie  of  soe  much  as  wheron  ffroweth  six  or  eight  load  of  hay  att  the 

^  _  .         .  .  Att  this  Court, 

vtmost,  vpon  condition  that  hee   shall  submit  himselfe  vnto  this  gofiment,  Cap«  Moris 
and  bee  reddy  to  doe  such  dewty  as  shalbee  required  of  him  as  an  inhabitant  ^^  fidelitie  to 
of  the  same  ;  and  alsoe  that  neither  hee,  nor  his  heires,  nor  assignes,  shall  not  *®  ^*^*®  °^ 

England  and 

engage  vs  in  any  controuersyes  betwixt  him  or  them  and  the  Indians,  and  doe  this  gouTnent. 
further  resigne  vp  vnto  the  countrey  all  such  other  lands,  within  this  goQment, 
as  hee  hath  made  purchase  of  and  layed  claime  vnto,  and  shall  haue  noe 
interest  into  any  other  tract  or  pcell  of  lands,  saue  onely  the  said  necke  and 
meddow,  the  which  with  all  and  singulare  the  appurtenances  belonging  ther- 
vnto,  the  Court  doth  by  these  ^sents  confeirme  vnto  the  said  Cap?  Richard 
Moris,  to  him  and  his  heires  and  assignes  foreuer. 


182  PLYMOUTH    COLONY    KECOKDS. 

1659-60.  In  answare  to  the  request  of  M'  John  Blake,  of  Boston,  in  the  behalfe  of 

'       '       '    himselfe  and  sister,  Mistris  Hannah  Johnson,  that  according  to  a  former  graujj/; 

7  March.  , 

Pkenoe  °^  t^^  Cburt  vnto  M'  Nathaneel  Souther,  their  father,  deceased,  that  hee,  the 
^°^^-  said  Blake,  might  haue  libertie  to  looke  out  a  pcell  of  land  to  accomodate  them, 
according  to  the  aforsaid  graunt,  the  Court  gaue  him  libertie  to  seeke  out, 
and  incase  hee  can  find  any  land  yett  vndesposed  of  within  our  jurisdiction 
that  may  hee  suitable  vnto  him,  and  answarable  to  his  expectation,  hee  is  to 
signify  it  to  the  Court,  and  shaU.  haue  a  competencye  therof  confeirmed 
vnto  them. 

Conserning  a  pcell  of  oyle  attached  by  the  marshall.  Barlow,  for  the 
countrey,  which  said  oyle  John  ElUce,  of  Sandwich,  layed  claime  vnto,  and 
about  which  there  hath  bine  some  controuersy,  the  Court  doth  remitt  the  s^id 
oyle  vnto  the  said  Ellice. 

[*183.]  *A  Writing,  appointed  to  bee  recorded. 

Att  this  Court,  That  wheras  the  Court  was  pleased  to  appoint  Robert  Studson  and  Josias 

ing  did  ao-  Winslow,  Seni"^,  to  haue  the  hearing  of  the  difference  betwixt  Henery  Hobson, 
knowUdg  in  q£  -^^^  Hand,  and  Phillip  Pointing,  to  heare  both  pties,  and  to  examine  theire 
hee  had  testimonies,  and  as  they  find  the  case  to  returne  theire  award  :  Now,  soe  it  is, 

abused  his  said  that  after  a  great  time  spent  in  debateing  the  case  between  them,  wee  find  that 
m',  ''"^'T  Phillip  Pointing  was  an  hiered  seruant  to  the  said  Henery  Hobson  for  a  whole 
P'ticulais  ex-     yeare,  and  for  his  service  was  to  bee  payed  ten  pounds  in  English  goods,  as  it 

pressed  in  this  •      -n 

writing.  cost  m  Boston ;  and  we  find  that  the  said  Pointing  remained  with  his  master 

the  space  of  twelue  weekes,  and  in  the  said  time  was  vnfaithfuU,  and  wronged 
his  master  in  seuerall  pticulars ;  hee,  being  sent  for  a  caske  of  liquor,  drew 
out  and  desposed  amongst  his  consorts  two  quarts  and  vpwards,  and  put  water 
in  the  caske ;  soe  likewise  in  hideing  of  his  masters  wedges,  and  said  hee 
could  not  find  them,  and  after  told  Wood  that  his  master  said  hee  stole  them, 
which  prouoaked  the  said  Wood  violently  to  fall  out  with  his  master,  and  to 
strike  him  to  the  danger  of  his  life ;  alsoe  in  defaming  of  him,  in  raiseing 
falce  reports  which  appeers  by  testimony  vpon  oath,  which  the  said  Phillip 
odaciously  deneyed,  but  att  length  being  convicted,  manifested  himselfe  sor- 
rowfuU  that  hee  had  soe  much  wronged  his  m',  in  saying  hee  was  a  theife  and 
had  stoUen  hogges  and  a  steer,  and  therin  had  belyed  his  master,  for  which 
hee  was  very  sorry  and  willing  to  acknowHdge  this  in  publicke  Court ;  all 
which  was  soe  cleare  to  vs  and  to  Timothy  Hallowey,  that  had  moued  in  his 
behalfe,  that  the  said  Timothy  was  ashamed  that  hee  had  meddled  with  his 
case  ;  soe  that  wee  find  that  the  said  Henery  Hobson,  in  his  name  and  estate, 
is  much  damnifyed,  the  which  wee  conceiue  the  said  Pointing  is  not  able  fully 


7  March. 
Pbence, 


COUKT    OKDERS.  183 

to  satisfy' ;  yet  vpon  consideration  of  the  great  trouble  and  charge,  which  the    1659-60. 

said  Hobson  hath  bine  forced  vnto  to  cleare  himselfe,  wee  thinke  meet  to  allow    "       ^ 

him  foure  pounds  and  fine  shillinges,  which  sume  wee  find  hee  hath  in  his 

hand  of  Philip  Pointinges,  and  for  what  the  said  Henery  hath  payed  to  the        Gou". 

said  Phillip  shall  goe  for  full  satisfaction  for  the  service ;   and  this  wee  declare 

to  bee  our  agreement  and  oiu*  award. 

Plymouth,  March  the  8'",  1659. 

ROBERT   STUDSON, 
JOSIAS  WINSLOW. 

*The  Court  takeing  notice  of  sundry  scandals  and  falchoods  in  a  letter      [*184.] 
of  Isacke  Robinsons,  tending  greatly  to  the  prejudice  of  this  goSment,  and 
incurragement  of  those  commonly  called  Quakers,  and  therby  lyable  (according 
to  the  law  prouided  in  such  case)  to  disfranchisement,  yett  wee  att  gisent  for- 
beare  the  sensure  vntill  further  enquiry  bee  made  into  thinges. 

In  reference  to  Capt  James  Cudworth,  the  Court  takeing  notice  of  his 
great  disaffection  to  this  goQment  and  manifest  abetting  and  incurragement  of 
those  called  Quakers,  expressed  partly  in  a  letter,  owned  by  himselfe  in  the 
manor  of  sending  it,  and  in  many  other  carriages  of  his  knowne  to  vs,  and 
alsoe  in  a  letter  strongly  conjectured  and  suspected  to  bee  by  him  sent  into 
England,  the  which  himselfe  hath  not  yett  deneyed;  — 

The  ^mises  considered,  the  Court  see  cause  to  bind  him  ouer  to  make  a 
further  answare  heervnto  att  the  next  Generall  Court,  to  bee  holden  in  June 
next ;  and  doe  therfore  require  that  hee  put  in  good  security  to  the  valine  of 
fine  hundred  pounds  for  the  end  abouesaid. 

*Wheras,  the  last  June  Court,  Captaine  Willett  requested  the  Court  to  [*185.] 
graunt  vnto  him,  in  lue  of  his  right  on  the  north  side  of  Secuncke  bounds, 
towards  Patuckett  Riuer,  fine  hundred  acres  of  land  for  coinonage,  and  that 
then  the  towne  of  Secuncke  obstrucked  the  graunt,  apprehending  it  would  bee 
prejudicial!  to  them,  the  said  towne  since  haue  declared  themselues  to  bee 
willing  that  the  said  Cap?  Willett  should  haue  his  desire  in  the  ^mises  ;  hee 
further  solissiteth  the  Court  that  hee  may  haue  the  same  confeirmed  vnto  him. 

For  the  satisfaction  of  Thurston  Clarke,  conserning  his  land  att  the  Hand 
Creeke,  the  Court  doth  order  that  hee  shall  haue  aboue  the  highway  his  full 
bredth  of  thirty  acres,  and  what  hee  falls  short  of  his  proportion  below  the 
highway,  hee  is  to  haue  it  alonge  the  length  of  his  land  aboue  the  highway. 

Att  this  Court,  John  Jenkens,  of  Sandwich,  affeirmed  in  the  Court  that 
Gorg  Barlow  seized  seauen  cowes,  to  satisfy  for  the  sume  of  twenty  pounds 
fine,  or  therabouts,  and  some  ode  shillinges,  and  that  after  they  were  seized 


184  PLYMOUTH    COLONY    RECORDS. 

1659-60.    one  of  the  said  cattle  died,  and  hee  tooke  another  liueing  beast  in  the  rome 
"    '       of  that  which  died. 

7  Maxch.  .  

p  Memorand  :  to  send  to  each  towne  m  this  jurisdiction  to  depute  some  one 

Gou».        fgr  each  of  them  to  treat  att  the  next  June  Court  about  the  trad  att  Kenne- 
becke. 

Memorand :  that  the  clarke  of  the  towne  of  Plymouth  doe  signify  open- 
ly in  a  towne  meeting,  that  the  Court  doth  not  alow  that  any  of  the  towne 
shall  make  sale  of  any  theire  shares  of  land  att  Punckatesett,  except  to  theire 
owne  townsmen,  and  that  all  former  sales  of  that  kind  are  made  void,  as  other- 
wise soe  by  theire  owne  towne  order. 
[*186.]  *Att  this  Court,  Wiliam  Ledra  and  Peter  Peirson,  two  of  those  called 

On  the  seauen-  Quakers,  whoe  were  somtime  since  comitted  to  prison  att  Plymouth,  according 

teenth  day  of 

Apriii,  1660,      to  the  law,  as  being  foraigne  Quakers,  appeared  and  were  seuerally  required 

lam  Ledra  and  *°  make  answare,  according  to  the  law,  whether  they  would  depart  the  go^l- 
Peter  Peirson,  ment  in  Some  conuenient  time,  vizj,  three  or  foiu*  daies,  incase  weather  and 

engageing  to 

depart  as  is  Strength  suited,  and  that  noe  impediment  in  such  like  respects  hindered  in  the 
were  released '  i^iterem  of  time  aboue  mencioned,  with  an  intension  (the  Lord  willing)  not 
out  of  prison     ^g  returne  into  this  goiiment  any  more  ;  to  which  the  said  Ledra  answared 

and  departed. 

that  theire  imprisonment  was  vnjust  and  illegall ;  on  which  the  Court  made  it 
manifest  that  theire  imprisonment  was  according  to  law,  both  of  England  and 
this  goiiment ;  and  as  conserning  departing  the  goQment,  according  to  the 
proposition  aboue  mencioned,  hee,  the  said  Wiliam  Ledra,  refused  to  engage 
to  any  certaine  time  to  depart,  onely  saying,  "  Its  hke  if  I  were  att  Hber- 
tie  out  of  prison  I  might  depart  in  the  will  of  God  ere  long ;  "  to  which 
was  replyed  in  the  Scripture  phraise  by  the  Court,  that  if  hee  would  now 
resolue  (the  Lord  willing)  to  depart  by  such  a  time,  hee  might  haue  his  libertie  ; 
which  hee,  the  said  Ledra,  refused,  saying  hee  would  not  engage  to  any  cer- 
taine time.  Peter  Peirsons  answare  to  the  proposition  first  aboue  expressed 
was,  that  hee  stod  singlely  in  the  will  of  God ;  and  if  hee  were  out  of  prison, 
if  it  were  the  will  of  God,  hee  would  depart,  but  would  not  engage  to  any 
certaine  time  of  departure,  but  would  stand  singlely  in  the  will  of  God,  though 
hee  engaged  not  to  man ;  to  which  was  replyed  by  the  Court,  Would  hee  de- 
part if  it  were  not  the  will  of  God  ?  but  since  hee  was  not  free  att  fsent  to 
engage  as  aforsaid.  Infine,  they  were  both  returned  to  the  place  whence  they 
came,  with  this  engagement  to  him,  —  that  when  it  should  bee  revelled  to 
him,  the  said  Peter  Peirson,  that  hee  might  depart,  hee  should  send  word  to 
the  majestrates,  and  hee  may  haue  his  libertie  ;  and  although  the  abouesaid 
Wiliam  Ledra  was  not  pisent  when  the  Court  engaged  to  the  said  Peirson  as 
aforsaid,  yett  soe  doeing  hee  may  haue  his  libertie  as  the  other. 


COURT    ORDERS.  185 

*Mt  the  Court  of  Assistants,  helden  att  Plymouth  the  first  of  May,     1660. 

1660.  ^^" 

1  May. 

BEroRE  Wiliam  Collyare,  Thomas  Southworth,  and  ^oon^"' 

Jolm  Aldin,  Wiliam  Bradford,  [*  187.1 

Josias  Winslow, 

Assistants,  &d. 

ATT  this  Court,  Ensigne  John  Williams  appeered,  being  sumoned  to  an- 
.  sware  for  his  entertaining  a  foraigne  Quaker,  and  pmiting  a  Quakers 
meeting  in  his  house,  contrary  to  the  lawes  of  this  goQment,  and  after  the 
examination  of  him  about  the  ^mises,  the  Court  saw  reason  to  require  bonds 
for  his  appeerance  att  June  Court,  as  followeth  :  — 

Ensigne  John  Williams  acknowHdgeth  to  owe  vnto  the  state  of") 


England  the  suine  of 
The  condition,  that  wheras  Ensigne  John  Williams  was  sumoned  to  this  Ensigne  John 
Court  to  answare  for  pmiting  a  Quakers  meeting  in  his  house,  and  for  enter-  „eeredaccord- 
taining  a  forraigne  Quaker,  contrary  to  order  of  Court,  and  that  the  Court  ™8  *°  "^'^ 

bond,  and  soe 

hath  competent  euidence  to  cleare  vp  the  substance  of  the  accusation,  the  said  this  bond  is 
Williams  perimtorily  refusing  to  answare  the  same,  pretending  hee  hath  fur- 
ther euidence  to  cleare  himselfe  therof,  and  not  acklowlidging  the  legallity  of 
the  Courts  ^sent  proceedings  for  tryall  of  his  case ;  if,  therfore,  the  said  John 
Williams  shall  appeer  att  the  Court,  to  bee  holden  att  New  Plymouth  the  first 
Thursday  in  June  next,  to  giue  further  answare  to  the  said  complaint,  and 
not  depart  the  said  Coui-t  without  lycence,  that  then,  &(3. 

Att  this  Court,  John  Smith,  of  Plymouth,  Juni"',  appeered,  being  sum- 
moned to  answare  for  pmitting  that  a  Quakers  meeting  was  sufiered  to  bee  in 
his  house,  —  his  wife  alsoe  being  sumoned  to  answare  for  pmitting  the  same  : 
hee,  the  said  Smith,  was  demaunded  whether  hee  would  owne  and  defend  what 
his  wife  had  done  in  that  respect :  hee  answared  hee  would,  and  did  owne  it, 
and  did  approue  of  it,  and  soe  was  convict  of  the  fact ;  vpon  the  testimony  of 
Leiftenant  Southworth  and  Gabriell  Fallowed,  whoe  testifyed  on  oath  that 
they  heard  one  of  those  called  Quakers  speake  in  the  said  meeting,  as  they 
were  in  the  street  neare  the  house  of  the  said  John  Smith ;  and  likewise  Leif- 
tenant Southworth  had  afterwards  speech  with  Nicholas  Dauis,  whoe  ac- 
knowlidged  that  there  had  bine  a  meeting  att  the  said  John  Smiths  house,  the 
said  Leiftenant  Southworth  disputeing  with  him  about  some  passages  ex- 
pressed in  the  said  meeting. 

*Att  this  Court,  Kobert  Bartlett  appeered,  being  summoned  to  answare      [*188.] 

VOL.  III.  24 


1  May. 
Peenoe, 


186  PLYMOUTH    COLONY    RECORDS. 

1660.  for  speakeing  contemptuously  of  the  ordinance  of  singing  of  psalmes,  and  was 
convict  of  the  fact,  and  did  inpart  acknowlidg  his  euill  therin,  promising  that 
hee  would  bee  warned  of  soe  doeing  for  the  future,  expressing  these  words  — 
Gou^.  that  hee  hoped  it  should  bee  a  warning  to  him ;  on  which  the  Court  sharply 
admonished  him,  and  recLuii-ed  him  that  vnto  such  as  hee  had  soe  opprobiously 
spoken  of  the  said  ordinance  hee  should  acknowlidge  his  fait,  which  hee  en- 
gaged to  doe  as  hee  should  bee  minded  of  them,  and  soe  hee  was  discharged. 

Elizabeth  Eedey  was  summoned  to  this  Court,  and  appeered,  to  make  an- 
sware  for  her  traueling  on  the  Lords  day  jQrom  Plymouth  to  Boston;  and 
affeirmed  that  shee  was  nessesitated  to  goe  on  that  day,  in  regard  that  Mistris 
SafRn  was  very  weake  and  sent  for  her,  with  an  earnest  desire  to  see  her  in 
her  weaknes,  with  some  other  pleaes  of  like  nature.  The  Court  considering 
some  cercomstances  in  her  answare,  although  they  saw  not  a  sufficient  excuse 
for  her  fact  therin,  saw  cause  to  admonish  her,  and  soe  shee  was  discharged  of 
the  Court. 

Att  this  Court  Henery  Rowland,  being  suinoned,  appeered  to  answare  for 
his  entertaining  another  mans  wife  in  his  house  after  complaint  made  to  him 
by  her  husband,  and  for  pmitting  a  Quakers  meeting  in  his  house,  and  for 
entertaining  a  forraigne  Quaker  contrary  to  order  of  Court.  The  first  pticulare 
hee  stifely  deneyed,  and  the  euidence  did  not  appeer  to  make  it  out ;  but  for 
both  the  latter  hee  was  corivict  of  them,  and  soe  lyable  to  pay  the  fines  amerced 
for  such  defaults. 

On  the  complaint  of  Leiftenant  Nash  against  the  said  Henery  Howland, 
for  stoping  vp  an  highway,  the  Court  haue  ordered  and  doe  appoint  Constant 
Southworth  and  Wiliam  Paybody  to  order  and  lay  out  the  said  way  soe  as  it 
may  bee  the  lest  prejudiciall  to  any. 

Att  this  Couit  Gorge  Watson  requested  the  Court  in  the  behalfe  of  his 
son,  John  Watson,  and  his  nephew,  John  Banges,  that  wheras  vpon  a  mistake 
Samuell  Hickes  his  name  is  entered  into  the  Court  records  as  pui-chaser  of  the 
lands  att  Cushenah  &  Accoaksett,  &6,  wheras  M"^  Robert  Hickes  should  haue 
bine  entered ;  that  the  said  mistake  might  bee  rectifyed,  and  the  said  Robert 
Hickes  entered ;  to  which,  in  regard  the  Gou'  was  absent,  it  is  refered  vntill 
June  Court. 


COURT    ORDERS. 


187 


*Att  the  Generall  Court  kolden  att  Plymouth  the  slxt  of  June,  1660.     1660. 


Before  Thomas  Prence,  Gotf', 
Willam  CoUyare, 
Jolm  Aldin, 
Josias  Winslow, 

Assistants,  &d. 


Thomas  Southworth, 
Wiliam  Bradford,  and 
Thomas  Hinckley, 


6  June. 

Prence, 

Gor". 

[*189.] 


M 


^  THOMAS   PRENCE  was  chosen  Gou',  and  swome. 


"Wiliam  CoUyare, 
John  Aldin, 
Thomas  Willett, 
Josias  Winslow, 
Thomas  Southworth, 
"Wiliam  Bradford,  and 
Thomas  Hinckley, 


"Were  chosen  Assistants,  and  swome,  ex- 
cepting Cap?  Willett,  then  absent. 


Major  Josias  "Winslow  and  Leiftenant  Thomas  Southworth  were  chosen 
Comissioners,  and  M'  Hinckley  next  in  nomination. 

Constant  Southworth  was  chosen  Treasurer,  and  swome. 

*The  names  of  the  deputies  that  serued  att  this  Court,  in  the  behalfe  of      [*190.] 
the  seuerall  townes  of  this  gou'ment,  are  as  foUoweth,  vizj  :  — 


John  Dunham,  Se'', 
Mannasses  Kemton, 
Bobert  Finney, 
Ephraim  Morton, 
Constant  Southworth, 
"Wiliam  Paybody, 
LeifE  James  Torrey, 
Comett  Robert  Studson, 
Thomas  Tupper, 
Thomas  Burgis, 
Leif?  James  "Wyate, 
James  "Walker, 


M''  Edmond  Hawes  was  absent, 

M"^  Thomas  Howes, 

Henery  Cobb, 

NathaneeU  Bacon, 

M""  Josias  Winslow,  Seni', 

Anthony  Snow, 

Leift  Peter  Hunt, 

Wiliam  Sabin, 

Richard  Higgens, 

Nathaneell  Mayo, 

John  Willis. 


The  Cunstables  of  the  seuerall  Townes  of  this  Jurisdiction. 

Plymouth, Gorge  Watson. 

Duxbun-ow, Francis  West. 


188  PLYMOUTH    COLONY    RECORDS. 

1  G  G  0.  f  John  Turner,  Juni', 

— V— '  Scittuate, jjohnMerritt. 

Ti.Zo^,  Sandwich, Wiliam  Swift. 

Gou".  Taunton, Henery  Andrewes. 

Yarmouth, Eichard  Sares. 

Barnstable, Abram  Blush. 

f  Wm  Maycomber, 

Marshfeild, "Iti       *i 

[  John  Adams. 

Rehoboth, John  Butterworth. 

Eastham, Ralph  Smith. 

Bridgwater, Samuell  AUin. 

Wiliam  Shurthfe  and  "j  ,    .      ,  „  i  •    /-, 

>  were  admitted  freemen  att  this  Court. 
John  Caruer,  J 

Propoimded  to  take  vp  theire  Freedome. 

Wiliam  Carpenter,  Josepth  Pecke, 

John  Pecke,  Richard  Joanes, 

Samuell  Newman,  John  Butterworth. 

[*191.]  *The  Grand  Enquest. 

Christopher  Wadsworth,  John  Bryant, 

M'  John  Bradford,  Andrew  Hallott, 

John  Morton,  Josepth  Aldin, 

Samuell  Ryder,  John  Smaley, 

Wiliam  Harvey,  Gorg  Bewitt, 

John  Einney,  Francis  AUin, 

Leif?  Peregrine  White,  Josepth  Wilbore, 

John  Jenkens,  Robert  Joanes, 

Phillip  Delanoy,  Nathaneell  Paine, 

Gylbert  Brookes,  John  Cobb. 

Josias  Standish  is  alowed  and  approued  of  by  the  Court  to  bee  leifE  of 
the  milletary  companie  of  Bridgwater. 

Leiftenant  Ellis  hath  engaged  to  trayne  the  milletary  company  of  Sand- 
wich for  a  season. 

In  reference  vnto  a  seditious  letter  sent  for  England,  the  coppy  wherof 
is  come  ouer  in  print,  Captaine  Cudworth  being  groundedly  suspected  to  bee 


6  June. 

PRENCE, 


Court  ordees.  lyg 

the  auther  therof,  the  Court  haue  ordered  that  hee  shall  put  in  sufficient  cecu-      1660. 

ritie,  to  the  vallue  of  fiue  hundred  pounds,  for  his  appeerance  att  the  next 

October  Court,  and  soe  from  one  Generall  Court  vnto  another  vntill  June  next, 

if  the  Coui-t  shall  see  reason ;  and  that  the  Court  doe  vse  theire  best  endeau-        ^o""- 

ours  forthwith  to  procure  further  testimony  from  M"^  Browne,  or  any  other, 

for  the  clearing  of  the  case. 

Captaine  Cud- 

Captaine  Cudworth  being  fond  a  manifest  opposer  of  the  lawes  of  the  -worth  is,  by  a 
goQment,  as  appeers  by  sundry  expressions  in  a  letter  directed  by  him  to  the  yasn^^  accepted 
God  and  otherwise,  is  sentanced,  according  to  the  law,  to  bee  disfranchised  of  ^""^  reestab- 
his  freedome  of  this  corporation.  associasion  and 

*Isaacke  Robinson,  for  being  a  manifest  oposer  of  the  lawes  of  this  r*i92  1 
goQment,  expressed  in  a  letter  by  him  directed  the  GoQ  and  otherwise,  is  men  of  this 
centanced  to  bee  disfranchised  of  his  freedom  of  this  corporation.  g^g  ^^^^  ^j 

llThere  being  some  mistake  in  this,  att  his  request,  hee,  the  said  Isacke  *'^  orders  and 

"  °  5  1         5  J  passages  of  the 

Robinson,  is  reestablished,  and  by  generall  voat  of  the  Court  accepted  againe  Coiu-t,  July, 

anno  1673. 

into  the  association  of  the  body  of  the  freemen  of  this  corporation,  and  to  g    ^^^^  ^^ 
enjoy  the  priuilidges  therof  as  occation  may  require.  ||  ^^^^  orders  and 

•  passages  of  the 

Ensigne  John  Williams,  for  entertaining  a  foraigne  Quaker,  fined  forty  Court,  July, 
shillings,  according  to  order ;  and  in  reference  to  the  offence  giuen  by  him,  by 
his  countenancing  or  adhering  to  the  Quakers,  in  hopes  of  reformation,  the 
Court  haue  suspended  what  might  haue  bine  imposed,  in  disgrading  him  of 
his  place  for  the  p>sent. 

The  Deposition  of  Wiliam  Sabine,  of  Rehoboth,  taken  in  the  Generall  Court,       13  June, 
held  att  Plymouth,  June  13,  1660. 

This  deponent  testifyeth,  that  the  last  autume,  being  in  the  way  betwixt 
Deadum  and  Rehoboth,  hee  fell  into  the  companie  of  two  men,  which  were,  as 
hee  conceiued,  Quakers,  or  adherents  to  them ;  and  faling  into  discourse  with 
the  one  of  them  about  the  Quakers  that  were  a  little  before  executed  att  Bos- 
ton, hee,  the  said  deponant,  asked  them  why,  that  seing  that  they  were  theire 
frinds  that  were  executed  att  Boston,  they  did  not  vse  some  meanes  to  rescue 
them  out  of  theire  hands  that  put  them  to  death ;  vnto  which  theire  answare 
was,  soe  they  would,  but  they  wanted  a  leader.  Then  this  deponant  replyed, 
that  ther  was  Major  Hawthorne,  whoe  was  more  for  libertie  then  some  other 
men,  to  whome  they  might  haue  repaired,  and  haue  seen  whether  hee  would 
haue  bine  theire  leader ;  then  they  replyed,  "  Hang  him !  hee  would  run  with 
the  streame,  for  the  great  streame  ran  the  other  way."  Morouer,  one  of  them 
said  that  the  goQment  had  taken  ten  pound  from  him  for  his  wifes  goeing  to 


190  PLYMOUTH    COLONY    RECOEDS. 

1660.     the  meetinges  of  the  Quakers,  but  hee  hoped  to  haue  it  againe  ere  long ;   and 
'       '^       '    that  they  had  made  ouer  all  theire  estates,  except  lands,  into  the  hands  of  other 

13  June. 

Prence  1^^^}  and  that  should  lye ;  but  the  said  deponant  replyed  they  would  take  that 
Gou".  alsoe  ;  but  they  said  they  should  know  how  to  find  that  againe  ere  long,  and 
that  all  theire  actions,  and  all  theire  doeings  and  crewelties  were  knowne  in 
England,  and  that  they  knew  theire  intensions  and  theire  writings  in  England. 
Then  this  deponant  demaunded  of  them  how  they  knew  theire  writings  in 
England ;  and  they  replyed,  they  had  actiue  men,  whoe  brake  vp  theire  letters 
and  tooke  coppies  of  them,  and  sealed  them  vp  againe ;  and  they  instanced 
[*193.]  one,  vizj,  the  Deputie  *GoG  of  the  Massachusetts  sent  a  letter  to  one  M'  Stur- 
geon in  England,  and  they  said  they  knew  what  hee  wrote  therin ;  and  alsoe 
what  M'  Sturgeon  wrote ;  and  likewise  that  they  had  theire  marshall  att 
Salem  pictured  vp  in  the  exchange  in  London  with  his  bauld  head,  standing 
behind  a  bush,  looking  after  this  cow  and  that  hogg,  &8.  And  this  deponant 
testifyed  that  hee  and  they  had  much  more  discourse  together,  in  speciall  with 
the  one  of  them,  to  the  like  effect  as  before  said,  the  pticulares  wherof  are 
not  pfectly  remembred  by  him,  but  these  were  the  substance  of  what  pased 
betwixt  them.     And  further  this  deponant  sayeth  not. 

Conserning  the  accusation  charged  vpon  John  Newland  by  Gorge  Barlow 
and  Obadiah  Eedey,  as  that  hee,  the  said  Newland,  should  say  hee  is  as  holy 
as  God  is  holy,  and  as  pfect  as  God  is  pfect,  as  Gorg  Barlow  affeirmed, 
and  as  holy  as  God  himselfe  was,  (if  hee  stood,)  and  soe  should  remaine  to 
ppetuity,  as  Obadiah  Eedey  afeirmed ;  the  Court,  being  vnsatisfyed  in  some 
respects  about  the  testimonies,  haue,  for  the  ^sent,  freed  the  said  Newland, 
with  this  caution,  that  if  further  and  more  satisfying  testimony  shall  come  in 
heerafter  for  the  clearing  of  the  case,  that  then  hee  must  expect  to  make  fur- 
ther answare  about  the  g'mises. 

Tho  Clarke  affeirmed  in  open  Court,  that  Gorg  Barlow  is  such  an  one 
that  hee  is  a  shame  and  reproach  to  all  his  masters ;  and  that  hee,  the  said 
Barlow,  stands  convicted  and  recorded  of  a  lye  att  Newberry. 

Ordered  to  bee  recorded,  that  Gorge  Watson  desired  M""  Aldin  to  take 
notice,  that  hee  was  enformed,  that  Gorg  Barlow  tooke  from  Goodman  Gaunt, 
for  his  fine  of  24",  these  pticulares  :  seauen  cowes  &  heifers,  two  steers, 
seauen  bushells  and  an  halfe  of  pease ;  and  after,  when  one  of  the  cowes  died, 
hee  tooke  another  Hue  one  in  stead  therof,  because  Barlow  had  not  the  hide 
of  the  dead  cow  deliuered  to  him ;  and  this  Tho  Burgis,  Juni',  owned  in  open 
Court,  that  hee  reported  what  is  aboue  written. 
Fine.  Thomas  Burgis,  Juni"^,  for  refusing  to  aide  the  marshall.  Barlow,  in  the 

execution  of  his  office,  is  fined  thirty  shillinges. 


COURT    ORDERS.  191 

Henery  Dillingham,  for  the   same  default  in  a  different  respect,  fined      1660. 
fifteen  shillings.  '       <        ' 

*Wiliam  Newland  testifyed  in  the  Com-t,  that  a  message  was  brought  or 
sent  to  him  by  one  from  Elizabeth  Freeman,  that  affeirmed  that  Jacob  Buj-gis  Gou". 
was  drawne  to  testify  that  which  hee  did  conserning  Barlow,  by  Benjamine 
Nye,  by  feare,  as  threatened  that  incase  hee  would  not  attend  Barlow  in  his 
occations  against  the  Quakers,  and  soe  to  giue  the  ^sent  euidence,  hee  should 
not  haue  his  daughter  to  wife.  This  is  the  substance  of  what  Wiliam  New- 
land  testifyed  conserning  this  matter. 

Daniell  Butler,  for  rescuing  a  Strang  Quaker,  when  apprehended  by  the 
marshall.  Barlow,  and  for  his  breakeing  away  when  taken  p'soner,  is  sentanced 
to  bee  pubUckly  whipt,  which  accordingly  was  pformed. 

Thomas  Butler,  and  Dorithy,  his  wife,  for  turbulent  cariages  the  same 
night  that  theire  son  Daniell  was  serched  for  att  theire  house,  fined  forty 
shillings. 

Josepth  Allin,  for  being  att  a  Quakers  meeting,  fined  ten  shilli ;  and 
for  making  disturbance  in  the  meeting  on  the  Lords  day  att  Scittuate,  fined 
forty  shillings. 

Att  this  Court, 

Edward  Perrey,  Gorg  AlUn, 

John  Newland,  Josepth  Allin, 

Ralph  Allin,  Daniell  Wing, 

Wiliam  Gifford,  Thomas  Ewer, 

Wiliam  Allin,  Richard  Kerbey,  Junier, 

Mathew  Allin,  Robert  Harper, 

being  summoned,  appeered,  and  were  seuerally  demaunded  whether  they 
would  take  the  oath  of  fidelitie  and  this  g>sent  goQment,  which  they  all  of 
them  refused  to  doe. 

The  fifty  shilhngs  fine  amerced  on  Tho  Butler,  for  refusing  to  serue  in 
the  office  of  cunstable,  is  assigned  and  disposed  to  Barlow. 

The  Court  haue  allowed  that  a  barrell  of  powder  shalbee  alowed  out 
of  the  countreyes  stocke,  to  bee  spent  att  the  generall  training  att  Yarmouth 
this  yeare. 

*It  is  ordered  by  the  Court,  that  twenty  pounds  shalbee  giuen  and  sent  to  r*195."| 
M'  Ling,  one  of  the  Marchant  Venterors  att  our  first  beginings,  being  fallen 
to  decay  and  haueing  felt  great  extremity  and  poverty,  the  said  twenty  pound 
being  bestowed  on  him  towards  his  releife,  which  is  to  bee  proposed  to  the 
seuerall  townshipes  of  this  jurisdiction,  that  if  any  will  giue  voulentarily  it 
shalbee  put  into  such  away  as  may  conduce  to  the  end  aforsaid,  and  what  such 


192  PLYMOUTH    COLONY    KECOKDS. 

1660.     contribution  will  fall  short  of  the  said  twenty  pound,  that  it  bee  made  vp  out 
"       ■•  of  the  countrey  stocke  by  the  Treasurer. 

Prence  I^  answare  to  the  complaint  of  Wamsitta,  about  damage  done  by  the 

Gou".  swine  of  some  of  the  inhabitants  of  Eehoboth  in  theii-e  corne,  the  Coui't 
ordereth,  that  the  Indians  on  the  neckes  called  Annawamscutt  and  Keka- 
mewett  shall  make  a  sufficient  pound  to  impound  swine  in  the  convenientest 
place  they  can,  and  haue  libertie  to  impound  such  swine  as  treaspas  them  att 
any  time  in  theire  corn  ;  and  they  shall  repaire  to  the  towne  clarke  of  Eeho- 
both, and  desire  hime  to  giue  publicke  notice  therof,  that  the  owners  may  take 
course  to  release  the  swine  by  satisfying  the  damage,  which  shalbee  judged 
and  leuied  by  some  indifferent  man  of  the  English,  chosen '  by  the  Indians 
treaspased ;  and  alsoe  that  then,  with  all  convenient  speed,  the  owners  of  the 
swine  shall  remoue  them  of  from  the  said  neckes  to  some  other  place  att  some 
considerable  distance,  soe  as  they  may  not  bee  likely  to  doe  the  like  damage 
againe. 

In  answare  to  Wamsitta,  and  an  other  Indian,  called  Willam,  about  a 
pcell  of  land  layed  claime  vnto  by  them,  as  alsoe  by  a  Narragansett  sachem, 
and  by  the  said  sachem  sold,  to  the  great  offence  of  the  said  Wamsitta  and 
William,  they  affeirming  that  the  said  sachem  hath  nor  never  had  noe  enterest 
in  it,  and  desired  direction  of  the  Court  what  to  doe  in  the  case  ;  the  answare 
of  the  Court  is,  that  they  will  request  Captaine  Willett  to  enquire  into  the 
case,  and  will  doe  therin  as  they  shall  see  cause  by  further  intelligence  about 
the  same. 
[*196.]  *In  answare  to  the  request  of  Wamsitta,  requesting  Hbertie  to  purchase  a 

smale  pcell  of  powder  for  the  vse  of  him  and  his  brother,  the  Court  haue 
ordered  the  Treasurer  to  bestow  on  him  as  a  smale  gratuitee  haue  a  dozen 
pound  of  powder,  but  will  not  pmitt  him  to  purchase  the  +same+  any. 

Att  the  ernest  request  of  Wamsitta,  desiring  that  in  regard  his  father  is 
lately  deceased,  and  hee  being  desirouse,  according  to  the  custome  of  the 
natiues,  to  change  his  name,  that  the  Court  would  confer  an  English  name 
vpon  him,  which  accordingly  they  did,  and  therfore  ordered,  that  for  the  future 
hee  shalbee  called  by  the  name  of  Allexander  Pokanokett ;  and  desireing  the 
same  in  the  behalfe  of  his  brother,  they  haue  named  him  Phillip. 

The  Court  haue  appointed  and  authorised  M""  Timothy  Hatherley  to 
adminnester  marriage  in  the  township  of  Scittuate,  and  alsoe  to  graunt  war- 
rants and  supenaes  for  actions,  and  to  adminester  oathes  either  for  glueing  of 
euidence  to  grand  jury,  or  otherwise  if  need  require,  for  this  g>sent  yeare. 

The  Court  haue  appointed  the  major  and  the  Treasurer  to  treat  with  Wil- 
iam  Barstow,  conserning  his  proposition  about  a  yearly  repaire  of  the  bridge 


COURT  ORDERS.  I93 

ouer  the  North  Eiuer,  and  they  are  authorised  to  agree  and  conclude  with  him      1660. 
about  the  praises,  as  they  shall  see  cause.  '       '     "^ 

The  sume  of  three  pound  is  allowed  by  the  Court  towards  the  repairing      pkenoe 
of  the  EeMuer  bridge,  to  bee  paied  out  of  the  treasury  ;  and  it  is  desired  by        ^o""- 
the  Court  that  it  may  bee  made  pasable  for  horse  and  foot  before  the  next 
generall  training. 

*Leif?  Southworth  and  M'  "VViliam  Bradford  are  requested  and  appointed      [*197.] 
by  the  Court  to  take  a  view  of  the  land  desired  by  the  townshipes  of  Duxbur- 
row  and  Marshfeild,  and  to  make  report  therof  to  the  Court. 

M'  Thomas  Hinckley  and  Nathaneell  Bacon  are  appointed  and  requested 
by  the  Court  to  sett  the  bounds  of  the  lands  graunted  to  the  towne  of  Plym- 
outh att  Sepecan. 

Att  this  Court  the  deputies  of  Plymouth  requested  in  the  behalfe  of  theire 
lands  graunted  to  them  ouer  against  Road  Hand,  instead  of  the  lands  graunted 
to  Captaine  Moris,  might  bee  bounded,  which  the  Court  hath  egaged  to  bee 
done  with  the  first  convenient  oppertunitie. 

It  is  agreed  by  the  Court,  that  a  certaine  young  horse  belonging  to  the 
countrey  shalbee  for  the  vse  of  a  trumpeter,  which  shall  appertaine  to  the 
troop  of  horse ;  the  said  horse  to  bee  att  other  times  att  the  dispose  of  the 
Treasirrer,  for  the  vse  of  the  countrey,  as  occation  shall  require. 

Libertie  is  graunted  vnto  the  major  to  admitt  of  soe  many  youllenteers 
into  the  troop  of  horse  as  will  make  vp  theire  number  forty  eight,  the  coinis- 
sion  oiEcers  excepted,  and  all  such  to  continew  three  yeares  att  the  least. 

M"^  Bradford,  Constant  Southworth,  and  "Wiliam  Paybody  are  requested 
and  appointed  by  the  Court  to  lay  out  the  land  graunted  to  Captaine  Standish 
att  Satucquett  Pond. 

M"^  Josias  Standish  is  appointed  by  the  Court,  to  joyne  with  any  two 
whom  the  towne  of  Bridgwater  shall  appoint,  to  sett  out  the  bounds  of  theire 
towne  betwixt  this  and  the  last  of  July  next,  on  the  penaltie  that  the  towne 
shall  pay  the  sume  of  fifty  shillings,  which  if  forfeited,  that  then  it  shalbee 
payed  to  those  that  are  appointed  to  laye  out  Cap?  Standishes  land,  whoe  are 
to  lay  out  theire  line,  and  they  to  doe  it  on  the  others  behalfe. 

*A  pcell  of  land,  lying  betwixt  Tetacutt  and  Taunton,  is  to  bee  viewed  [*198.] 
by  Constant  Southworth  and  Wiliam  Paybody,  and  if  it  shalnot  bee  found 
within  the  bounds  of  Taunton,  nor  to  neare  Tetacutt,  that  then  Wiliam  Brett, 
John  Willis,  Thomas  Haward,  Seni',  and  Arther  Harris  haue  a  competency 
graunted  and  confeirmed  vnto  them,  if  it  bee  there  to  bee  found ;  if  not,  they 
haue  libertie  to  looke  out  for  further  supply  with  what  conveniency  they  can. 

Liberty  is  graunted  vnto  Richard  Bourne  and  Thomas  Tupper,  Seni"",  to 

VOL.  III.  25 


194  PLYMOUTH    COLONY    RECOKDS. 

1660.     looke  out  some  land  for  theire  accomodation  towards  the  south  sea,  and  that 
"       "f       '    then  a  competency  wilhee  graunted  by  the  Court.    The  like  liberty  is  graunted 
p  vnto  Gorge  Barlow  ;  and  that  those  that  lay  out  Richard  Bournes  and  Thomas 

Gou".        Tupper  shall  alsoe  lay  out  his. 

Conserning  the  lands  graunted  to  the  inhabitants  of  Eastham,  lying  from 
Yarmouth  bounds  to  the  lands  which  Wiliam  Nicarson  purchased,  to  the 
north  bounds  of  the  purchasers  lands,  the  Coui't  haue  appointed  M""  Thomas 
Hinckley  and  Ensigne  Lumbert  to  take  a  view  therof,  and  make  report  therof 
vnto  the  Court. 

A  pcell  of  meddow,  formerly  called  M""  Leueriches  meddow,  as  being  by 
him  onely  mowed,  the  said  meddow  lying  att  Manomett,  is  now  graunted, 
with  all  and  singulare  the  appurtenances  belonging  thervnto,  vnto  Thomas 
Burgis,  Seni'',  of  Sandwich,  to  him  and  his  heires  foreuer. 

A  pcell  of  meddow  is  graunted  vnto  Myles  Black,  lying  att  Mannomett, 
next  towards  the  towne  of  Sandwich,  to  him  and  his  heires  for  euer,  with  all 
the  appurtenances. 

Three  acres  of  meddow  is  graunted  vnto  Abraham  Peirse,  Seni"^,  lying 
on  the  north  side  of  the  brooke  att  Namassakesett,  with  all  the  appurtenances 
belonging  thervnto,  to  him  and  his  heires  for  euer. 

Two  acres  of  meddow,  more  or  lesse,  being  a  smale  pcell  lying  att  Laken- 
ham,  neare  the  land  that  was  John  Barneses  ther,  is  graunted  to  Wiliam 
Hoskines,  to  him  and  his  heires  foreuer,  with  all  the  appurtenances  belong- 
ing to  it. 
[*199.]  *The  seuerall  townes  within  this  gou''ment,  haueing  sent  in  theire  deputies 

and  impowered  them  to  actc  for  the  countrey,  in  all  matters  relateing  to  the 
trade  att  Kennebecke,  they  makeing  theire  appeerance 

Impri  :  it  was  agreed,  that  any  former  agreements,  notwithstanding  it 
shalbee  lawfuU  for  the  Gou"^  and  his  ptenors,  thinges  being  as  they  are,  to  call 
home  theire  estates  and  seruants  there  when  they  shall  see  cause. 

And  on  the  other  side  it  is  alsoe  mutually  agreed,  that  the  countrey,  or 
any  that  shall  alow  of,  may  att  fsent,  or  when  they  please,  goe  and  make  some 
begiiiing  of  trad  there,  notwithstanding  any  bargaine  with  the  said  ptenors  to 
the  contrary. 

2'y.  It  was  the  vote  of  that  coinittee,  that  if  fine  hundi-ed  pound  sterling 
could  be  obtained  for  the  countreyes  interest  there,  it  should  bee  sold. 

3'y.  It  was  by  the  said  comittee  refered  to  the  major,  Leiftenant  South- 
worth,  M'  Constant  Southworth,  and  Cornett  Studson,  and  M"^  Josias  "Winslow, 
Seni',  or  any  three  of  them  being  fsent,  either  to  sell  or  otherwise  dispose  of 
the  said  trad  in  the  countreyes  behalfe. 


COURT    ORDERS.  I95 

The  Names  of  the  Coinittee.  1660. 

M-^  Josias  Winslow,  Seni',  John  Willis,  ^"77 

'  13  June. 

Constant  Southworth,  "Wiliam  Sabin,  Phence, 

M'  Tho  Howes,  Thomas  Tupper,  '^°''''- 

Richard  Higgens,  Leiftenant  James  "Wyatt, 

Nathaneell  Bacon,  Nathaneell  Warren. 
Robert  Studson, 

*M'  CoUyare,  M'  Aldin,  Leiftenant  Southworth,  and  M'  Hinckley  are      [*200.] 
deputed  to  giue  meeting  to  other  att  Taunton  the  fourth  day  of  the  last  weeke 
in  July,  60,  to   endeauor  the   settleing  of  such  differences  as  are   amongst 
them. 

It  is  ordered  by  the  Court,  that  notice  shalbee  giuen  to  such  of  Yarmouth, 
Barnstable,  and  Sandwich,  that  did  send  in  the  oyle  due  to  the  countrey,  that 
they  are  to  take  course  that  what  is  wanting  in  the  barrells  being  full  bee 
supplyed. 

The  major  &  M"^  Josias  Winslow,  Seni',  and  Nathaneell  Bacon  were  ap- 
pointed by  the  Court  to  take  the  coimtreyes  account  of  the  Treasurer. 

In  regard  that  M'  Alden  is  low  in  his  estate,  and  occationed  to  spend 
much  time  att  the  courts  on  the  countreyes  occations,  and  soe  hath  done  this 
many  yeares,  the  Court  haue  alowed  him  a  smale  gratuity,  the  suine  of  ten 
pounds,  to  bee  payed  by  the  Treasurer. 

In  answare  vnto  a  request  made  to  the  Court  by  the  widdow  Vobes, 
requesting  some  supply  of  land  in  respect  vnto  the  conditions  of  an  indenture 
made  betwixt  M''  Isacke  Allerton  and  her  husband,  John  Vobes,  late  deceased, 
the  Court  giues  liberty  that  any  for  her  may  looke  out  some  land  for  her  sup- 
ply, and  a  competency  wilbee  graunted  and  confeirmed  vnto  her. 

•Liberty  is  giuen  to  M''  CoUyare  by  the  Court  to  sell  stronge  waters  to      [*20L] 
his  naighbours,  or  any  others,  as  hee  shall  thinke  meet. 

It  is  ordered  by  the  Court,  that  the  countreyes  house,  bought  of  Cap? 
Willett,  shalbee  repaired  att  the  charge  of  the  countrey,  and  the  Tresurer  to 
take  some  speedy  course  for  the  doeing  of  it,  and  likewise  to  prouide  some 
conueniency  of  beding  there  for  speciall  occations. 

These  may  certify  all  whome  it  may  conserne,  that  three  men,  vizj,  15  July. 
Phillip  Sliuer,  Wiliam  Johnson,  and  James  Peirse,  being  att  sea  on  fishing  in 
a  shallop,  came  neare  Plymouth  harbour,  and  resolued  to  come  into  the  said 
harbour,  on  the  fifteenth  of  June,  1660,  the  morning  being  rainey  ;  and  when 
they  were  in  the  harbour,  not  being  acquainted  with  it,  haueing  neuer  bine 
there  before,  and  the  tide  being  out  and  a  fogg  on  the  shore,  they  followed  a 


196  PLYMOUTH    COLONY    RECOKDS. 

16  6  0.     certaine  channell  which  led  to  the  northerly  end  of  the  harbour,  but  not  direct- 
'     ^     ly  to  the  towne,  in  which  time  a  great  storme  of  thunder,  lightening,  and 

15  July.  ...  .  .  -, 

Prence       I'S'ine  arose ;  in  which  storme  a  stroake  of  thunder  and  lightening,  by  Gods 
Gou".        ordering  hand,  ymediately  the  life  of  the  said  James  Peirse  was  taken  away, 
as  appeers  by  the  testimony  of  the  enquest  following  : . — 

[*202.]      *The  Verdict  of  the  Jury  conserning  the  sudden  Death  of  James  Peirse,  of 

Boston,  late  deceased,  as  foUoweth  :  — 

Wee,  whose  names  are  vnderwritten,  being  summoned  by  Leiftenant 
Southworth  as  a  corrowners  enquest,  to  enquire  conserning  the  sudden  death 
of  James  Peirse,  doe  testify  that,  on  the  fifteenth  day  of  this  instant  June, 
1660,  wee  did  view  his  corpes,  and  alsoe  made  dillegent  enquiry  of  such  as 
were  in  his  companie  att  his  death,  and  doe  find  that  bee  died  by  an  emedi- 
ate  hand  of  God  by  thunder  and  lightening,  which  appeereth  by  these  cleare 
demonstrations,  vizj  :  his  body  was  burnt  on  the  right  side  downe  to  the  calfe 
of  his  legg,  as  alsoe  his  shirt  burnt  on  his  stomach  and  other  ptes  of  it,  his 
wastcoate  being  lased  close  with  a  fishing  line,  and  not  burnt,  saue  only  scorched 
in  the  inside  next  to  his  shirt ;  morouer,  wheras  they  were  in  a  boate  in  Plym- 
outh harbour  in  a  storme  of  raine  and  thunder,  the  same  blow  of  thunder 
which  tooke  away  his  life  wee  find  did  alsoe  shiuer  the  mainemast  of  the 
boate  wherin  they  were,  about  two  thirds  of  the  said  mast  from  the  candelens 
vpward,  and  the  foremast  was  broken  aboute  two  foot  of  it  of;  and  the  said 
James  Peirse,  being  on  the  fore  cuddy  of  the  said  boate,  was  strooke  ouer- 
board,  and  wee  conceiue  that,  posibly  falling  suddenly  into  the  water,  it 
might  hasten  his  end ;  whervnto  wee  haue  subscribed  our  hands,  the  15  of 
July,  60. 

his 
GYLES   RICKARD,  Seni^         THOMAS  LETTICE,  R  mark, 
JAMES   COLE,  Seni',  JOHN   MOSES, 

SAMUELL  HICKES,  JOB  ALMY,    ^     his  marke. 

JOSEPTH  BRADFORD,  ARTHER  VERNAM, 

JOHN   RICKARD,  ij^g 

SAMUELL   STURTIVANT,     THO/^  LUCAS, 
JOHN   MORTON,  maxke. 


COURT    ORDERS. 


197 


*Att  the  Court  of  Assistants  holden  att   Plymouth  the  seauenth  of     166  0 

August,  1660. 


Before  Thomas  Prence,  Gou% 
Willam  CoUyare, 
Jolm  Aldiiij 
Josias  Winslow, 

Assistants,  &d. 


Thomas  Southworth, 
Wiliam  Bradford,  and 
Thomas  Hinckley, 


1 

7  August. 

Peence, 

Gou». 

[*203.] 


IN  answare  to  Robert  Barker,  about  Goodwife  Thomas,  the  "Welchwoman, 
the  Court  ordereth  that  the  said  Robert  Barker  shall  require  and  take 
into  possesion  such  goods  or  chatties  as  are  belonging  to  the  said  Welch 
woman,  and  soe  to  take  her  into  his  custitie,  that  shee  may  Hue  in  his  house, 
and  to  see  that  shee  doe  not  hue  extrauigantly  as  formerly,  and  to  pforme  the 
conditions  made  with  the  towne  of  Duxburrow  in  that  behalfe  ;  and  incase  shee 
should  goe  away  att  any  time,  the  said  Robert  shall  returne  her  estate  againe 
to  her,  and  in  the  mean  time  not  to  make  any  of  it  away  or  dispose  of  any 
pte  therof  vnlesse  hee  bee  nessesitated  thervnto  to  prouide  clothing  for  her,  or 
incase  of  sicknes  or  the  like,  and  shalbee  reddy  to  giue  an  account  of  what 
hee  expends  therof  when  required  by  the  Court. 

"Wiliam  Parker,  of  Scittuate,  for  pmiting  a  Quakers  meeting  to  bee  in 
his  house,  fined  forty  shillings. 

The  said  Wiliam  Parker,  for  entertaining  a  strange  Quaker,  called  Wen- 
locke,  into  his  house,  fined  fine  pounds. 

Wiliam  Newland,  for  entertaining  of  the  said  Wenlocke,  fined  fine 
pounds. 

The  mare,  taken'  with  Peter  Peirson,  the  Quaker,  is  released  to  the  owner 
incase  hee  shall  defray  all  nessesary  charges  for  her  keeping. 

*Att  this  Court,  Winlocke  Christopherson.  one  of  those  called  Quakers,      [*204.1 
appeered  before  the  Court,  and  after  examination  and  much  speech  with  him,  Soone  after  the 
the  Court  required  him  ymediately  to  depart  the  gou'ment  according  to  the  gaged  to  goe 
Courts  order,  which  hee  would  not  engage  to  doe,  and  soe  was  returned  to  the  ^"^^'^^^^  ""*  °^ 

°    °  the  gou'ment, 

prison  from  whence  hee  came.  wheivpon  hee 

Att  this  Court,  Thomas  Attkins,  an  inhabitant  att  the  Riuer  of  Kenne- 
becke,  appeered  before  the  Court,  haueing  bine  apprehended  and  comitted  to 
jayle  for  comitting  insest  with  his  owne  daughter,  named  Mary,  whoe  accused 
.him  that  hee  had  coinitted  the  said  acte  sundry  times  with  her ;  and  being 


198 


PLYMOUTH    COLONY    RECORDS, 


1660.  strictly  examined  hee  deneyed  that  hee  euer  hee  had  to  doe  with  her  in  that 

-< "  kind,  and  was  returned  to  the  jayle  againe,  and  there  to  remaine  vntill  the 

7  August.  ^^^^  ^^^^^  ^^^  fhrther  tryaU.     The  sume  of  the  examination  is  elsewhere  ex- 

Gou".  tant  in  the  Court. 


2  October.    *Mt  the  Gencrall  Court  holden  att  Plymouth  the  2"^  of  October, 
[*205.]  1660. 


Befoke  Thomas  Prence,  Gou"^, 
Wiliam  CoUyare, 
John  Aldin, 
Josias  Winslow, 

Assistants,  &d. 


Thomas  Southworth, 
Wiliam  Bradford,  and 
Thomas  Hinckley, 


T 


HE  names  of  the  deputies  whoe  appeered  att  this  Court,  being  sumoned 
vpon  speciall  occation,  were  these  following  :  — 


Att  this  Court, 
Cap'  Cudworth 
appeered,  be- 
ing bound,  and 
others  "with 
him,  in  the 
sume  of  fiue 
hundred 
pounds,  and 
the  bonds  were 
canselled,  and 
the  said  Cap' 
Cudworth  for 
that  p'sent 
cleared. 


John  Dunham,  Seni"^, 
Manasses  Kemton, 
Robert  Finney, 
Ephraim  Morton, 
M'  Constant  Southworth, 
Wiliam  Paybody, 
Leiftenant  James  Torrey, 
Cornett  Eobert  Studson, 
Thomas  Tupper, 
Thomas  Burgis, 
Leiftenant  James  Wyate, 
James  Walker, 


M'  Thomas  Howes, 
M"'  Edmond  Hawes, 
Henery  Cobb, 
Nathaneell  Bacon, 
M'^  Josias  Winslow,  Seni"", 
Anthony  Snow, 
Leif  ?  Peter  Hunt, 
Wiliam  Sabin,  absent, 
Richard  Higges, 
Josias  Cooke, 
John  Willis. 


Some  conclusions  were  concluded  and  determined  att  this  Court,  by  the 
joynt  consent  of  the  majestrates  and  deputies,  which  are  elswhere  extant  in 
the  Courts  Booke  of  Lawes. 

The  Court  haue  joyntly  agreed  the  case  respecting  Captaine  Cudworth, 
about  the  scandalous  letter  sent  for  England,  suposed  to  bee  pened  by  Cap? 
James  Cudworth,  shalbee  tryed  by  way  of  action  att  the  Court  to  bee  holden 
for  this  gou'^ment  the  first  Tusday  in  March  next  ensueing  the  date  heerof,  and 
Major  Josias  Winslow  and  M"^  Thomas  Southworth  are  appointed  and  deputed 


COURT    ORDERS.  199 

by  the  Court  to  implead  the  case,  and  it  is  left  to  theire  libertie  to  make  choise      16  60. 
of  whome  they  please  out  of  the  deputies  or  freemen  to  bee  assistant  to  them 
therin. 


2  October. 
Prence, 

*M''  John  Browne,  being  deposed,  testifyed  in  Court  haueing  heard  a        ^°"''- 
printed  letter  read,  that  is  supposed  to  bee  sent  from  Cap?  James  Cudworth  to      L         '-I 
himselfe ;  hee  testifyed  that  hee  did  receiue  a  letter,  subscribed  James  Cud- 
worth,  of  Scittuate,  which  was  the  substance  of  what  hee  had  now  heard,  but 
to  all  pticulares  his  memory  would  not  reach ;  and  further  saith  that  when  hee 
receiued  the  said  letter  hee  did  not  question  but  it  was  his  hand. 

The  said  Cap?  Cudworth,  being  required  to  answare  whether  it  was  pefied 
by  him  or  not,  refused  to  answare  directly,  saying,  if  any  thinge  could  bee 
produced  Tnder  his  hand,  hee  would  take  to  it,  or  to  the  like  eiFect ;  on  which 
the  Coiu't  prepared  for  a  further  tryall  of  the  case  for  the  clearing  of  theire 
innossensy  conserning  the  pmises,  according  to  the  manor  before  expressed, 
and  the  said  Cap?  Cudworth  was  for  the  ^sent  released  as  aforsaid. 

Att  this  Court,  Wenlocke  Christerson,  one  of  those  called  Quakers,  ap- 
peered,  being  a  forraigner,  and  comitted  the  second  time  for  transgressing  the 
law  of  the  collonie  prohibiting  any  such  to  come  into  these  ptes,  and  was 
demaunded  wherfore  hee  came  againe,  seeing  that  it  was  against  the  law  of  the 
countrey,  but  gaue  noe  satisfactory  answare,  and  moreouer  behaued  himselfe 
turbulently  and  insolently  before  the  Court,  on  which  hee  was  sentanced  by 
the  Court  to  bee  layed  necke  and  heeles,  which  accordingly  was  pformed,  and 
was  afterwards  demaunded  whether  hee  would  directly  depart  out  of  the  gou""- 
ment,  which  hee  refused  to  doe,  on  which  hee  was  further  sentanced  to  suffer 
corporall  punishment  by  whipping,  which  accordingly  was  pformed,  and  forth- 
with according  to  the  law  sent  out  of  the  gou'ment. 

Att  this  Court,  Caleb  Lumbert,  for  abominable  cursing  and  swearing,  was 
sentanced  to  sitt  in  the  stockes  during  the  pleasure  of  the  Court,  which  ac- 
cordingly was  executed. 

*Att  this  Coiart,  Thomas  Attkins,  inhabitant  att  the  Riuer  of  Kennebecke,  [*207.] 
and  late  prisoner  att  Plymouth,  for  coinitting  insist  with  Mary  Atkins,  his 
owne  daughter,  came  to  his  tryall  according  to  law,  which  accordingly  was 
procequted  against  him,  by  a  bill  of  inditement  prefered,  and  a  jury  of  twelue 
men  were  impanneled  for  the  tryall  of  the  case,  the  prisoner  examined,  and 
all  the  euidence  that  could  bee  produced  was  ^sented. 

The  said  Thomas  Atkins  put  himselfe  vpon  tryall  of  God  and  the 
countrey. 

The  gr9,nd  jury  found  the  bill  of  inditement  a  true  bill,  and  indorsed 
on  it  bella  vera. 


200 


PLYMOUTH    COLONY    RECORDS. 


1660.  The   names  of   the  petty  jury,  or  jury  of  life   and  death,  are   as  fol- 

loweth :  — 


[*208.] 


sworne,  i 


'W  Thomas  Dexter,  Seni'', 

M"^  John  Done, 

Thomas  Huckens, 

M'  AUexander  Standish, 

John  Tompson, 
[Nathaneell  Warren, 


'  Samuell  Hickes, 

Wiliani  Maycomber, 

Robert  Denis, 

Gorg  Patrich, 

John  Rogers, 
^  Samuell  Sturtivant. 


These  brought  in  a  verdict,  wherin  they  expressed  that  they  found  the 
said  Thomas  Atkins  not  guilty  of  the  said  fact,  and  soe  according  to  the  law 
hee  was  cleared. 

And  wheras,  in  the  examination  of  the  said  Thomas  Atkins,  it  appeered 
that  on  a  time  hee  being  in  drinke  in  the  night  season  in  his  owne  house,  hee 
offered  some  vnclean,  insestious  attempts  to  his  owne  daughter,  Mary  Attkins, 
abouesaid,  in  his  chimney  corner,  as  hee  himselfe,  in  pte,  confessed.  Hee  was 
sentanced  to  suffer  corporall  punishment  by  whiping,  which  accordingly  was 
executed,  and  soe  the  said  Atkins  cleared  and  sett  att  Hbertie  to  returne  to 
his  owne  home. 

*rines. 

A  certaine  Indian,  called  Saquatam,  for  coursing  and  hunting  of  horses, 
and  taking  them  vp  "contrary  to  order  of  Court,  is  fined  twenty  shillings ; 
and  another  Indian,  called  Quachevenett,  for  the  same  default  in  a  different 
respect,  fined  ten  shillings. 

Teage  Jones,  for  being  drunke  seuerall  times,  fined  six  pounds. 

Thomas  Jones,  of  Taunton,  for  being  drunke  twise,  fined  ten  shilli. 

Thomas  Lucas,  for  being  drunke  twise,  fined  ten  shillings. 


These  fined 
each  ten  shil- 
lings, accord- 
ing to  the  law. 


Diners  psons  fined  for  being 
Robert  Harper  &  his  wife, 
Josepth  AUin, 
Benjamine  AUin, 
John  Newland  and  his  wife, 
Wiliam  AUin, 
WiUam  Gifford, 
MatheAT  AUin, 

The  wife  of  Henery  Dillingham,       * 
Wiliam  Newland  and  his  wife, 
John  Soule,  of  Duxburrow, 
Rodulphus  Elmes,  of  Scittuate, 


att  Quakers  meetings. 
Peter  Gaunt, 
Dorithy  Butler, 
Obadiah  Butler, 
John  Jenkens, 
Richard  Kerbey,  Seni', 
Richard  Kerbey,  Juni"^, 
Jone  Swift, 
John  Smith,  of  Plymouth,  Juni'', 

and  Deborah,  his  wife, 
Lydia  Hickes,  of  Plymouth. 


COURT    ORDERS. 


201 


Henery  Howland,  for  entertaineing  a  Quakers  meeting  in  his  house  twise, 
fined  foui'e  pounds. 

These  following  convicted  for  refusing  to  take  the  oath  of  fidelitie  :  — 
Eobert  Harper,  Josepth  Allin, 

John  Newland,  Eichard  Kerbey,  Juni', 

"Willanj  GiflTord,  John  Jenkens, 

Mathew  Allin,  Ealph  Allin. 

*Libertie  is  graunted  vnto  Eichard  Bourne,  in  regard  of  his  want  of  ac- 
coinodation  of  land,  to  looke  out  a  portion  of  land  for  his  supply  therin,  and 
incase  hee  can  find  any  that  may  bee  coinodiouse  for  him,  that  M"^  Aldin  and 
M''  Hinckley,  being  deputed  by  the  Court,  shall  view  it  and  purchase  it  of  the 
Indians,  and  make  report  therof  to  the  Court,  that  soe  a  competency  may  bee 
confeirmed  to  him. 

Likewise  alsoe  M'  Alden  and  M'  Hinckley  are  appointed  by  the  Court, 
in  the  behalfe  of  the  towne  of  Barnstable,  to  purchase  a  certaine  portion  of 
land  belonging  to  Janno,  the  Indian  sachem. 

Thirty  acres  of  land  is  graunted  vnto  Josepth  Green,  lying  about  Namas- 
sachesett  Ponds,  to  bee  layed  forth  for  him  by  Constant  Southworth,  Treasurer, 
and  Wiliam  Paybody. 

The  Major  Winslow  and  Constant  Southworth,  Treasurer,  are  appointed 
by  the  Court  to  sett  att  rights  some  differences,  occationed  by  incroach- 
ments  vpon  John  Eouse  his  mersh,  neare  his  iland  in  the  great  mersh  att 
Marshfeild. 

*Wlieras,  complaint  is  made  by  Thomas  Lumbert,  Seni"^,  of  Barnstable, 
that  Jedediah,  his  sone,  hath  carryed  stuburnly  against  his  said  father,  and 
that  hee  is  by  him  freed,  prouided  hee  doe  dispose  himselfe  in  some  honest 
family  with  his  fathers  consent,  which  if  hee  shall  neglect  to  doe,  the  Court 
haue  deputed  M'  Hinckley  to  dispose  of  him  to  some  honest,  godly  family, 
with  his  and  his  fathers  concent. 

Likewise  M''  Hinckley  is  appointed  by  the  Court  to  treat  with  Joanna, 
the  wife  of  M'  Thomas  Bursley,  late  deceased,  conserning  the  disposing  of 
some  pte  of  his  estate  vnto  his  children,  that  soe  what  is  done  on  that  behalfe 
may  bee  entered  on  the  Court  records. 

Cushenah  is  required  to  pay  by  rate  for  comon  charges 
the  sume  of    ...     . 


01  :  10  :  00 


Sowamsett,  the  sume  of  , 
M"^  Brinton,  the  sume  of  . 
Cap?  Cooke,  the  suine  of . 
M'  Briggs,  the  suine  of  . 
VOL.  in.  26 


02:10 
00:10 
00:10 
00:  10 


00 
00 
00 
00 


1660. 


2  October. 

Prence, 

Gou". 


[*209.] 


[*210.] 


2  October. 
Pkence, 


PLYMOUTH    COLONY    KECOKDS. 

Cap?  "Willett  is  to  bee  sent  vnto  to  put  those  that  haue  lands  att  Sowam- 
sett  into  some  way  for  the  leuiing  and  paying  of  theire  rates. 

The  like  to  Arther  Hathewey  and  Sarjeant  Shaw,  for  theirs  att  Cushenah. 


Gof".  And  likewise  to  M'  Brenton,  Cap?  Cooke,  and  M'  Briggs. 


3  December.  *Jitt  tt  Couft  of  ^ssistuTits  held  ott  Plymouth  the  8^  of  December, 
[*^11-]  1660. 

Befoke  Wiliam  Collyare,  Thomas  Southworth,  and 

John  Aldin,  "Wiliam  Bradford, 

Assistants,  &(3. 


RES  of  adminnestration  were  graunted  vnto  the  wife  of  Jeremiah  Bur- 
roughs, late  deceased,  to  adminnester  vpon  his  estate ;  and  shee  is 
ordered  by  the  Court  to  repaire  to  Major  Winslow,  and  hee  is  ordered  and 
requested  by  the  Court  to  take  oath  to  the  inventory  of  the  said  estate*,  and  to 
order  matters  respecting  the  childrens  portions,  and  other  pticulares,  as  occa- 
tion  shall  require  therabouts,  and  to  returne  what  hee  hath  acted  therin  vnto 
the  Court. 

Conserning  the  controuersy  depending  betwixt  Wiliam  Clarke,  of  Dux- 
burrow,  and  John  Washburne,  Juni',  about  a  peece  of  marsh  meddow,  the 
Court  haue  ordered,  that  incase  the  said  pties  agree  not  about  the  said  contro- 
uersy betwixt  this  Court  and  the  next  Coui-t  of  Assistants,  that  then  they  are 
to  repaire  to  the  said  Court,  and  they  shalbee  heard. 

The  Court  haue  ordered,  that  M'  Collyare,  M'  Aldin,  and  the  Treasurer 
are  to  meet  together  the  first  Tusday  in  January  next,  to  settle  matters  about 
the  estate  of  Goodwife  Hunt,  betwixt  her  and  her  children. 
[*212.]  *'Wheras  Ephraim  Hickes,  of  Plymouth,  the  tweluth  day  of  December, 

anno  Dora  1649,  died  a  violent  death,  and  that  the  night  before  his  decease 
hee  expressed  a  few  words  to  M"^  Thomas  Southworth  about  the  disposing  of 
his  outward  estate,  which  said  will  nuncapatiue  was  found  by  the  Court  to 
bee  vnvalled  and  ilegall,  for  that  the  said  Ephraim  Hickes  was  not  in  a  capas- 
sitie  in  regard  of  his  said  manor  of  death  to  make  a  legall  will,  soe  that  the 
said  estate  faling  to  the  Court  to  bee  att  theire  dispose,  they,  for  sundry  causes 
moueing  them  thervnto,  then  ordered  that  the  said  estate  should  bee  improued 
for  the  comfort  and  -support  of  Mistris  Margarett  Hickes,  the  mother  of  the 
said  Ephraim  Hickes,  in  her  age  and  widdowhood,  according  to  theire  approba- 


3  December. 
Pkence, 


COUET    OEDERS.  203 

tion  and  aduise ;  and  wheras,  thi-ough  some  neglect,  it  soe  is  that  the  said      1660. 
order  of  Court  was  not  recorded,  now,  vpon  the  speciall  complaint  of  the  said 
Margarett  Hickes,  of  the  said  neglect,  — 

This  Court  therfore  ordereth,  that  forasmuch  as  it  appeereth  that  there  Gotj". 
was  a  manifest  neglect  in  that  the  said  order  was  not  recorded,  and  that  the 
species  therof  is  well  remembred  and  fully  attested  and  testified  vnto  by- 
some  whoe  were  in  place  when  the  said  order  was  first  made,  whoe  are  still 
suruiueing,  that  the  said  order  shalbee  now  entered  in  the  records  of  the 
Court,  and  accordingly  it  is  entered  as  foUoweth,  vizj  — 

It  is  ordered  by  the  Court,  that  the  whole  estate  of  Ephraim  Hickes, 
deceased,  shalbee  improued  for  the  comfort  and  support  of  Mistris  Margarett 
Hickes  in  her  age  and  widdowhood,  and  not  estranged  from  the  same,  and 
that  some  speedy  course  bee  taken  that  the  said  estate  may  bee  secured  and 
improued  for  the  ends  aforsaid,  according  to  the  approbation  and  aduise  of 
the  Court. 


*Att  a  Court  of  Assistants  holden  att  Plymouth  the  fift  of  February,  \  6  60-1. 

1660.  • ^ 

5  February. 

r*2i3 1 

Before  "Wiliam  Collyare,  Thomas  Southworth,  and 

John  Aldin,  "Wiliam  Bradford, 

Assistants,  &fi. 

VPON  the  complaint  of  John  Barnes  against  Josepth  Billington,  for  neg- 
lecting to  pay  him  a  debt  of  thirty-fiue  shillings,  the  said  Billington 
not  appeering  according  to  sumons,  being  lame,  an  order  was  sent  to  him  from 
the  Court  requireing  him  to  satisfy  the  said  debt  betwixt  this  date  and  the 
Court  to  bee  holden  att  Plymouth  the  first  Tusday  in  March  next  ensuing, 
or  otherwise  the  Court  will  then  take  further  course  with  him  about. 

Att  this  Court,  Wiliam  Bfiap  and  Peter  Peirson,  two  of  those  called 
Quakers,  being  forraigners,  were  ^sented  before  the  Court,  haueing  bine 
apprehended  by  the  marshall  and  constable  of  Sandwich  att  a  Quakers  meeting 
att  Sandwich.  The  Court  examining  them  about  the  g>mises,  the  said  Eeap 
answared  that  bee  had  liberty  graunted  him  by  a  majestrate  to  goe  to  Sand- 
wich and  Barnstable  about  marchandising  afiaires  ;  and  the  said  Peirson  said 
bee  canie  to  see  his  frinds,  meaning  the  Quakers  of  Sandwich.  In  fine,  after 
some  speech  betwixt  the  Com-t  and  them,  and  some  menaceing  speeches  and 


204  PLYMOUTH    COLONY    RECORDS. 

16(50-1.     proud  carriages  and  expressions  vttered  by  the  said  Wiliam  Reap,  and  some 

'^       '    friuolous  speeches  vttered  by  the  said  Peirson,  the  law  of  the  coUonie  was 

read  vnto  them,  and  they  accordingly  required  to  depart  on  the  morrow  out 

Gou".        of  the  gofiment  directly,  life  and  health  and  weather  pmiting ;  and  for  that 

night  the  one  of  them,  vizj,  Wiliam  Reap,  was  ordered  to  lodge  att  the  house 

of  John  Smith,  if  hee  pleased,  and  the  other  of  them,  vizj,  Peirson,  was  ordered 

to  lodge  att  the  ordenary,  forasmuch  as  hee  had  not  the  like  occations,  att 

least  in  g>tence,  as  the  other  to  come  into  the  goQment,  and  alsoe  had  bine 

heer  in  this  gofiment  diuers  times.     On  the  morrow,  which  was  the  sixt  of 

February,  they  tooke  theire  joui'ney  towards  Road  Hand. 

[*214.]  *Att  this  Court,  Constant  Southworth,  Treasurer,  and  Wiliam  Paybody, 

were  appointed  by  the  Court  to  settle  the  bounds  betwixt  the  mersh  of  John 

Washburne,  Juni'',  and  the  comons  in  the  marsh  att  Greensharbour. 

Att  this  Court,  John  Baddo,  servant  to  Wiliam  Newland,  was  ^sented 
before  the  Court,  haueing  bine  comitted  to  jayle  for  runing  away  from  his  said 
master,  and  takeing  away  his  mare  with  him,  and  pUoyning  of  some  other 
thinges ;  and  after  examination  and  conviction,  the  said  Baddo  was  ordered  to 
returne  vnto  his  said  master  againe,  and  warned  to  carry  better ;  and  it  was 
further  expressed  to  him  by  the  Court,  that  forasmuch  as  hee  manifested  sor- 
row for  his  said  fact,  that  therfore  riggor  of  law  should  not  bee  executed  vpon 
him  for  the  same  ;  neuerthelesse,  hee  was  sentanced  by  the  Court  to  bee  pub- 
lickly  whipt,  which  accordingly  was  pformed. 

Att  this  Court,  a  summons  was  directed  from  the  Couii  to  the  cunstable 
of  Sandwich  to  require  Peter  Gaunt,  Wiliam  AUin,  Mathew  Alhn,  Gorge 
AUin,  John  Newland,  Josepth  AUin,  Phillip  AUin,  Richard  Kerbey,  Sen"^, 
Richard  Kerbey,  Jun',  &  John  Jenkens,  all  psonally  to  appeer  att  the  Court 
to  bee  holden  att  Plymouth  the  first  Tusday  in  March  next  ensuing  the  date 
heerof,  to  answare  for  theire  tumultuouse  carriages  against  the  marshall  and 
cunstable  of  Sandwich  in  the  execution  of  theire  offices  in  the  cecuring  of  two 
Strang  Quakers. 

Att  this  Court,  Joshua  Coxall,  of  Road  Hand,  for  breach  of  a  law  pro- 
hibiting any  strange  Quaker  to  ride  on  any  horse  within  this  jurisdiction, 
forfeited  his  horse  by  that  law^  which  said  horse  was  seized  by  Marshall 
Barlow  for  the  vse  of  the  coUonie. 


COUKT    ORDERS. 


205 


*Att  the   Generall  Court  held  att  JYew  Plymouth  the  fift  of  March,   1660-1 

5  March. 

Peence, 
Gou". 

[*215.] 


Before  Thomas  Prencej  Gou', 
Wiliam  CoUyare, 
John  Aldin, 
Josias  Winslow, 

Assistants,  &(3. 


Thomas  Southworth, 
Wiliam  Bradford,  and 
Thomas  Hinckley, 


A  TT  this  Court,  John  Hawes,  of  Yarmouth,  was  indited  for  violently  and 
JLjL.  hy  force  of  armes  takeing  away  the  life  of  Josepth  Eogers,  of  Eastham, 
by  giueing  him  a  most  deadly  fall,  on  the  25  of  December,  1660,  in  the  towne 
of  Eastham,  whereof  and  whervpon  hee  did  most  vehemently  complaine,  and 
about  48  houres  after  died. 

The   said  John  Hawes   did  put  himselfe  vpon  tryall  by  God  and  the 
countrey. 

The  grand  jury  found  the  bill  of  inditement  a  true  bill. 


The  names  of  the  petty  jury,  or  jury  of  life  and  death,  that  had  the  tryall 
of  this  case,  as  foUoweth  :  — 


sworne. 


'  M''  Josias  Winslow,  Seni', 
Leiftenant  James  Torrey, 
Cornett  Robert  Studson, 
Robert  Finney, 
Ephraim  Morton, 
SamueU  Hickes, 


sworne. 


'  Wiliam  Paybody, 
SamueU  Sturtivant, 
Ephraim  Tinkham, 
Steuen  Bryant, 
John  Sutton, 
Benjamine  Bartlett. 


These  brought  in  a  verdict  wherin  they  expressed  that  they  found  that 
the  said  John  Hawes  was  not  guilty,  and  soe  according  to  law  hee  was  cleared 
in  the  open  Court  and  released. 


•Josepth  Siluester,  of  Marshfeild,  doth  acknowlidge  to  owe  and  to  stand 
indebted  vnto  his  ma*^%  his  heires  and  successors,  in  the  suiiie  of  twenty 
pounds  sterlinge  in  good  and  current  pay. 

The  condition  of  this  obligation  is,  that  incase  Dina  Siluester  shall  and 
doth  appeer  att  the  Court  of  Assistants  to  bee  holden  att  Plymouth  the  first 
Tusday  in  May  next,  and  attend  the  Courts  determination  in  reference  to  a 
complaint  made  by  Wiliam  Holmes  and  his  wife  about  matter  of  defamation. 


[*216.] 


206  PLYMOUTH    COLONY    RECOKDS. 

1660-1.   that  then  this  obligation  to  bee  void,  or  otherwise  to  remaine  in  full  force 
^    "^    and  vertue. 
Pbenoe*  ^^  witnes,  the  aboue  bounden  hath  heervnto  sett  his  hand,  this  9"^  of 

Gov". '      March,  1660. 

JOSEPTH  SILUESTER. 

Att  this  Court,  Robert  Whetcomb  and  Mary  Cudworth,  for  disorderly 
coming  together  without  consent  of  parents  and  lawfuU  marriage,  is  sentanced 
to  pay  ten  pounds  fine  and  imprisoned  during  the  pleasure  of  the  Court ;  and 
being  desirouse  to  bee  orderly  married,  accordingly  were  this  9"^  of  March, 
1660. 

Ezekiell  Mayne,  for  accompanying  and  countenancing  of  the  said  ptyes 
in  theire  extrauigant  course  for  the  accomphshing  of  theire  eregulare  purposes, 
was  fined  twenty  shillings. 

Gorge  Barlow,  for  causeing  Benjamine  AUin  to  sitt  in  the  stockes  att 
Sandwich  the  greatest  pte  of  a  night  without  cause,  and  for  other  wronges 
done  by  him  vnto  the  said  Allin,  was  fined  twenty  shillinges,  to  bee  payed 
vnto  the  said  Benjamine  Allin. 

Likewise  the  said  Gorge  Barlow  is  ordered  by  the  Court  to  restore  vnto 
Ralph  Allin  a  shirt,  and  some  other  smale  Hnnine,  which  hee  tooke  from  him 
in  the  psuite  of  Wenlocke. 
[*317.]  *In  reference  vnto  a  petition  prefered  to  the  Court  by  Mistris  Margarett 

Hickes,  the  Court  haue  ordered,  that  the  said  Margarett  Hickes  shall  chose 
one  man,  and  Samuell  Hickes  another  man,  to  arbetrate  the  case  betwixt 
them ;  and  incase  they  can  not  agree,  that  then  the  said  arbetrators  shall 
choose  a  third  man  to  bee  vmpire,  and  as  hee  shall  agree  and  conclude  of 
matters  in  controuersy  betwixt  them,  soe  shalbee  the  the  finall  end  therof ; 
and  incase  they,  vizj,  the  said  Margarett  Hickes  and  Samuell  Hickes,  doe 
not  or  will  not  chose  men  as  aforsaid,  that  the  the  Court  will  chose  men  and 
depute  men  to  arbetrate  the  case  and  put  it  to  a  finall  end. 

The  Gotf  is  authorised  by  the  Court  to  giue  oath  to  Susana,  the  wife  of 
the  late  deceased  Josepth  Rogers,  for  the  truth  of  the  inuentory  of  his  estate. 

Twenty  shillinges,.  that  was  leuied  vpon  Thomas  Butler  by  the  marshall. 
Barlow,  for  a  fine  for  his  wife  and  son  being  att  a  Quakers  meeting*,  was 
remitted  and  released  to  the  said  Thomas  Butler  againe. 

Ten  shilHngs  fine  remitted  to  Rodulphus  Elmes. 

Thomas  Lucas,  for  being  drunke  the  third  time,  sentanced  according  to 
order  to  find  surties  for  his  good  behauior. 

Thomas  Lucas  oweth  our  sou'  lord  the  King  the  sume  of  20  :  00  :  00 


COURT    ORDERS.  207 

John  Wood  the  suriie  of 10:00:00  1660-1. 

Gorge  Bonum  the  suine  of 10  :  00  :  00  '       ''        ' 

The  condition,  that  if  the  said  Thomas  Lucas  bee  of  good  behauior      rpuENCE 
towards  our  sou"^  lord  the  Kinge  and  all  his  lelch  people,  and  appear  att  the    Govemor.] 
Court  to  bee  holden  att  Plymouth  the  fii-st  Tusday  in  June  next,  and  not  depart 
the  said  Court  without  lycence  ;  that  then,  &S. 

*Thomas  Lucas,  for  his  f>senting  himselfe  in  the  Court  distempered  with      [*218.] 
drinke,  and  for  his  vnbeseeming  behauior  both  in  words  and  jesturs  before  the 
Court  and  towards  some  of  the  majestrates,  was  sentanced  by  the  Coiurt  to  bee 
comited  to  prison  and  to  pay  a  fine  of  forty  shillinges. 

James  Cole,  Seni'',  for  selHng  wine  to  the  Indians,  fined  ten  shillings. 

Likewise  Gyles  Eickard,  for  the  same  default,  fined  ten  shillings.  These 
pties,  pleading  ignorance  of  the  order  of  Court  prohibitting  the  seling  of  wine 
or  strong  liquors  to  the  Indians,  were  not  fined  according  to  the  extremitie 
of  the  order,  but  each  ten  shillinges,  as  aforsaid. 

John  Soule  appeered  att  this  Court  to  answare  a  f>sentment,  and  pre- 
tended that  bee  wanted  euidence  att  ^sent  to  cleare  vp  the  case,  and  ther- 
fore  the  matter  was  respeted  vntill  the  next  Court  of  Assistants,  and  then  hee 
is  to  appeer  againe  before  the  Court ;  and  incase  hee  can  not  cleare  vp  the 
matter  noe  better  than  hee  hath  done,  hee  is  sentanced  to  sit  in  the  stockes 
during  the  pleasure  of  the  Court. 

Wheras  this  Court  is  giuen  to  vnderstand  that  there  are  sertaine  cottages 
to  bee  erected,  or  in  erecting,  within  the  towneship  of  Yarmouth,  contrary  to 
order  of  the  Court,  the  Court  ordereth  M"^  Anthony  Thacher  and  M''  Thomas 
Howes,  Seni"',  that  they  take  dilligent  care  henceforth,  from  time  to  time,  that 
noe  more  houses  bee  erected  there  contrary  to  the  said  order ;  and  incase  any 
after  theire  prohobition  shall  psist  soe  to  doe,  then  they  to  signify  the  same  to 
the  Court,  and  attend  their  further  order. 

Dina  Siluester,  being   examined,  saith  the  beare  shee  saw  was  about  a  This  was  or- 
stones  throw  from  the  higheway  when  shee  saw  it ;  and  being  examined  and    '^^^    °  "^"^ 
asked  what  manor  of  tayle  the  beare  had,  shee  said  shee  could  not  tell,  for  his  clearing  of  a 

report  about 

head  was  towards  her.  Wm  Holmes 

*Lres  of  adminnestration  was  graunted  vnto  Joane,  the  wife  of  Edward     ^^^   ™K 

'^  '  accused  to  bee 

Tilson,  late  deceased,  to  adminnester  vpon  his  estate,  and  to  pay  all  such  debts  «■  witch. 
as  are  owing  to  any.  L  ~^''-j 

The  Court  haue  further  ordered,  that  the  said  Joane  Tilson  her  husband 
dying  without  will,  and  forasmuch  as  shee  hath  bine  a  true  labourer  with  him 
in  the  procuring  of  his  estate,  that  shee  shall  haue  thirty  pounds  sterling  out 
of  the  said  estate  as  her  owne  proper-,  to  her  and  her  heires  for  euer ;  and  for 


208  PLYMOUTH    COLONY    RECORDS. 

1660-1.   the  remainder  of  the  said  estate,  that  the  younger  children  bee  made  equall 
»     ~'    to  the  elder  in  what  they  haue  had,  and   for  the  remainder,  after  that   is 
Pkenoe       done,  that  it  bee  equally  deuided  amongst  all  the  children  in  equall  pro- 
GoD^        portions. 

M''  Samuell  Hinckley,  Henery  Cobb,  John  Cooper,  John  Jenkens,  and 
Samuell  Fuller,  of  Plymouth,  are  aded  to  the  purchasers  att  Saconeesett  and 
places  adjacent,  to  bee  equall  with  the  said  purchasers  in  charges  about  the 
said  lands,  and  to  haue  equall  proportions  of  accomodations  amongst  them  in 
the  said  lands. 

It  is  ordered  by  the  Court,  that  M'  Alden  and  M'  Hinckley  shall  repaii-e 

to  the  South  Sea  aboue  Sandwich,  and  view  the  meddow  there,  and  to .  order 

a  competency  therof  to  Richard  Bourne ;  and  likewise  to  view  the  meddow 

att  Mashpee,  and  to  order  the  matter  about  Myles  Black  and  Thomas  Burgis, 

Seni'',  theire  fraudulent  procuring  of  a  graunte  of  meddow  neare  Mannomett, 

and  to  make  report  vnto  the  Court  of  what  they  haue  done  in  the  ^mises. 

Ten  shillings  A  blacke  horse  was  cryed  att  this  Court,  which  was  the  horse  which  was 

Trustrum  Hull  ^^  controuersy  betwixt  Trustrum  Hull  and  M"^  Thomas  Bourne.     This  is 

for  charges  of    refered  to  the  Court  of  Assistants  to  bee  holden  in  May  next,  to  bee  fully 

attendance 

about  this         ended. 

liorse.  *The  seauenth  of  February,  1660. 


[*220.] 


Wee,  whose  names  are  vnderwritten,  being  impannelled  on  a  jury  to 
enquire  how  Jeremiah  Burroughs,  of  the  towne  of  Marshfeild,  came  by  her 
death,  wee  find,  that  hee,  coming  in  a  smale  cannoo  to  fech  some  goods  hee 
had  in  John  Bournes  boate,  and  reaching  with  his  hand  to  lay  hold  of  the 
boate,  reached  short,  and  see  fell  into  the  water,  wherby  hee  came  by  his 
death  ;  and  see  wee  say  all. 

JOSIAS   WINSLOW, 
PEREGRINE   WHITE, 
JOHN   BRADFORD, 
JOSEPTH  BEDLE, 
WILtAM   FOARD, 
ANTHONY   SNOW, 
THOMAS   TILDEN, 
JOHN   CARUER, 
ELISHA  BESBEY, 
GORGE   RUSSELL, 
TIMOTHY  WILLIAMSON. 

Memorandum :  that  some  course  bee  thought  on  and  ordered  about  smale 


COURT    ORDERS.  209 

and  naughty  cannoos,  and  in  speciall  about  this  cannoo  in  the  which  Jeremiah   16  6  0-1. 
BuiTowges  went  vnto  the  boate  in  which  hee  came  by  his  death.  "^       "    ~^' 

A  T.-     m  uTTiTi  ^  5  March. 

Att  this  Court,  M"^  John  Browne  &  Captaine  Willett  was  appointed  by      pbence 
the  Court  to  apprehend  Henery  Hobson,  of  Road  Hand,  and  to  take  cecuiitie        ^o""- 
for  his  appeerance  att  the  Court  att  Plymouth  to  answare  for  his  derision  of 
authoritie  in  counterfeiteing  the  solemnising  of  the  marriage  of  Robert  "Whet- 
com  &  Mary  Cudworth. 

Att  this  Court,  Ralph  AUin,  Wiliam  AlHn,  Gorge  AUin,  and  Josepth 
Allin  were  conuict  of  refusing  to  take  the  oath  of  fidellitie. 

Att  this  Court,  ten  shillings  fine  was  remitted  to  Peter  Gaunt,  which  was 
leuied  vpon  a  mistake. 

Att  this  Court,  a  certaine  Indian  called  Caucantawashuck  appeered  before 
the  Court,  haueing  bine  committed  to  prison  for  stealing  diuers  thinges  from 
diuers  psons  att  Taunton,  which  was  proued  to  his  face,  and  by  him  owned 
and  confessed.  Hee  was  heard  and  examined,  and  againe  comitted  to  prison, 
and  sence  hath  broken  prison  and  is  fled. 

Memorandum  :  that  John  Weston  bee  warned  to  appeer  att  the  next 
Court,  to  answare  for  abusing  one  of  the  grandjury  men.    ^ 

Att  this  Court,  Sarjeant  Tickner  was  fined  twenty  shillings  for  striking 
and  abusing  Josepth  Wormall,  of  Scittuate. 

*Wheras  att  the  Generall  Court  holden  att  Plymouth  the  seauenth  of  [*221.J 
June,  1660,  Leiftenant  Southworth  and  M""  Wiliam  Bradford  were  appointed 
by  the  Court  to  take  a  view  of  lands  desired  by  the  towneshipes  of  Duxburrow 
and  MarshfeUd,  and  to  make  report  therof  vnto  the  Court,  which  accordingly 
they  haue  done ;  and  accordingly  the  Court  haue  graunted  and  confeirmed 
vnto  the  said  townshipes  of  Duxburrow  and  Marshfeild  a  tracte  of  land  as 
followeth,  vizj  :  bounded  into  the  woods  from  the  northwest  end  of  Joanses 
Riuer  Pond,  with  a  direct  line  to  Indian  Head  Riuer ;  and  on  the  north  bounds 
to  the  Indian  Head  Riuer ;  the  south  side  to  cojne  home  to  Plymouth  bounds^ 
soe  high  as  this  graunt  goeth  westwards,  that  is,  as  high  as  Joanses  Riuer 
Pond,  prouided  that  this  abouesaid  graunt  doe  not  intrench  vpon  or  infringe 
any  former  graunt  to  any  pson  or  psons  whatsoeuer,  and  alsoe  that  M"^  Wiliam 
Bradford,  hee  nor  his  heires  nor  assignes,  shall  not  bee  hindered  of  comonage 
by  the  abouesaid  graunt. 

Wiliam  Hoskins  standeth  engaged  to  the  Court,  and  is  responsable  to 
pay  and  to  answare  John  Beasell,  or  any  of  his  assignes,  for  sundry  pticulares 
which  hee  receiued  from  the  constable  of  Plymouth,  which  were  by  him 
attached ;  which  said  pticulares  were  apprised  by  Major  Winslow  and  Cap- 
taine Willett,  appointed  by  the  Court. 

VOL.  111.  26 


210  PLYMOUTH    COLONY    RECORDS. 

1660-1.  Item,  ahatt, 01:05:00 

'       < ■  U,  4  yards  of  ribband  att  S-*  p  yard, 00  :  02  :  08 

5  March. 

Pkence  K,  26  yards  of  ribband,  att  4'*  P  yard, 00:08:08 

Gou-.'  n^  a  paire  of  stocken, 00  :  03  :  00 

K,  a  green  say  apron  and  stringes. 

Sixteen  shilKngs  and  foure  pence  Gyles  Kickard,  Seni',  demaunded  as 
due  from  the  abouesaid  John  Beasell  to  him,  and  was  found  to  bee  a  just 
demaund  for  debt  the  said  Beasell  oweth  him  ;  and  Willam  Hoskins  standeth 
engaged  to  see  him  satisfyed  the  said  suine,  and  hath  promised  to  pay  it  by 
John  Barnes. 
[*222.]  *Att  this  Court,  Hester,  the  wife  of  John  Eickard,  for  laciuiouse  and 

vnaturall  practices  proued  by  a  ]^sentment,  was  sentanced  to  sit  in  the  stockes 
during  the  pleasure  of  the  Court,  and  to  weare  a  paper  on  her  hate,  on  which 
her  facte  was  written  in   capitall  letters,  all  the  time  shee  was  to  sit  in  the 
stockes  ;  all  which  was  pformed. 
Released,  pay-  Josepth  Dunham,  for  diuers  laciuiouse  carriages,  was  sentanced  by  the 

ing  his  fees.        ^^  ,      . 

Court  to  sitt  in  the  stockes,  with  a  paper  on  his  hatt  on  which  his  fact  was 

written  in  capitall  letters,  and  likewise  to  find  surties  for  his  good  behauior. 

Josepth  Dunham  oweth  vnto  our  soil  lord  the  Kinge  1     " 

,         _      ^                                                              ^    ^  20:00:00 
the  sume  oi J 

John  Dunham,  Seni',  the  suine  of  .     .     ■     .     .     .     .     10  :  00  :  00 

Nathaneell  Morton  the  sume  of 10  :  00  :  00 

The  condition,  that  if  the  said  Josepth  Dunham  shalbee  of  good  behauior 
towards  our  soQ  lord  the  Kinge  and  all  his  leich  people,  and  appeer  att  the 
Generall  Court  to  bee  holden  att  Plymouth  the  first  Tusday  in  June  next,  and 
not  depart  the  said  Court  without  lycence ;  that  then,  &6. 

It  was  ordered  by  the  Court,  that  Mary,  the  wife  of  Edward  Cobb,  of 
Taunton,  should  bee  sumoned  to  appeer  att  the  Court  to  bee  holden  att  Plym- 
outh the  first  Tusday  in  May  next,  to  answare  for  her  miscarriages,  as  appeers 
by  a  deposition  giuen  in  to  the  grand  enquest  against  Josepth  Dunham. 


COURT    ORDERS.  211 

*Mt  the  Court  of  Assistants  held  att  Plymouth  the  seauentn  of        1661. 

May,  1661.  ^— v— 

7  May. 

.  [Pkence, 

Before  "Willam  Colyare,  Thomas  Southworth,  and  Goc". 

JohnAlden,  Wiliam  Bradford,  [*223.] 

Josias  Winslow, 

Assistants,  &5. 

THOMAS  BURGE,  JUNP,  of  Sandwich,  acknowlidgeth  to  owe  vnto  oui-  These  bonds 
soQ  lord  the  King  the  sume  of  an  hundred  pounds  sterling,  Thomas  arawne. 
Burge,  Setf,  the  sume  of  fifty  pounds,  and  Esra  Perrey  the  suine  of  fifty 
pounds.  The  condition,  that  if  the  aboue  bounden  Thomas  Burge,  Juni', 
shall  and  doe  appeer  att  the  Generall  Court  of  our  said  soQ  lord  the  King  to 
bee  holden  att  Plymouth  aforsaid  the  first  Tusday  in  June  next,  to  answare 
for  a  fact  of  vncleanes  comitted  by  him,  and  in  the  interem  not  imbezell  away 
his  estate,  and  not  depart  the  said  Court  without  lycence  ;  that  then,  &6. 

Conserning  the  complaint  of  Wiliam  Holmes,  of  Marshfeild,  against 
Dinah  Siluester,  for  acusing  his  wife  to  bee  a  witch,  the  Court  haue  sentanced, 
that  the  said  Dinah  Siluester  shall  either  bee  publickly  whipt  or  pay  the  suine 
of  fine  pounds  to  the  said  Wiliam  Holmes ;  or  incase  shee,  the  said  Dinah 
Siluester,  shall  make  a  publicke  acknowHdgment  of  her  fault  in  the  fmises, 
that  then  shee  shall  beare  onely  the  charge  the  plaintiffe  hath  bin  att  in  the 
procecution  of  his  said  suite ;  the  latter  of  which  was  chosen  and  done  by  the 
said  Dinah  Siluester,  vizj,  a  publicke  acknowlidgment,  made  as  foUoweth  :  — 

*May  the  9*^  1661.  9  May. 

To  the  honored  Comt  assembled  :  Wheras  I  haue  bin  convicted  in  mat-  [*224.] 
ter  of  defamation  conserning  Goodwife  Holmes,  I  doe  freely  acknowHdg  I 
haue  wronged  my  naighbour,  and  haue  sined  against  God  in  soe  doeing  ; 
though  I  had  entertained  hard  thoughts  against  the  woman ;  for  it  had  bine 
my  dewty  to  declare  my  grounds,  if  I  had  any,  vnto  some  majestrate  in  a  way 
of  God,  and  not  to  haue  devoulged  my  thoughts  to  others,  to  the  womans 
defamation.  Therfore  I  doe  acknowlidg  my  sin  in  it,  and  doe  humbly  begg  this 
honored  Court  to  forgiue  mee,  and  all  other  Christian  people  that  bee  offended 
att  it,  and  doe  promise,  by  the  healp  of  God,  to  doe  soe  noe  more ;  and 
although  I  doe  not  remember  all  that  the  wittnesses  doe  testify,  yett  I  doe 
rather  mistrust  my  owne  memory  and  submitt  to  the  euidences. 

The  marke  (£f^  of  DINAH   SILUESTER. 


7  May. 
PreNce, 


212  PLYMOUTH    COLONY    RECORDS. 

1  G  G  1 .  Att  this  Court,  Ann,  the  wife  of  Thomas  Sauoiy,  was  fsented  before  the 

Court  to  answare  for  being  att  home  on  the  Lords  day  with  Thomas  Lucas  att 
vnseasonable  time,  vizj,  in  the  time  of  publicke  exercise  in  the  worshipe  of 
Gou".  God,  and  for  being  found  drunke  att  the  same  time  vnder  an  hedge,  in  vnciuell 
and  beastly  manor,  was  sentanced  by  the  Court  as  followeth,  vizj  :  for  her 
accompanying  of  the  said  Lucas  att  an  vnseasonable  time  as  aforsaid,  she  was 
sentanced  to  sitt  in  the  stockes  during  the  pleasure  of  the  Court,  which  accord- 
ingly was  pformed  and  executed ;  and  for  her  being  found  drunke  as  aforsaid, 
fined  fiue  shillings ;  and  for  prophaning  the  Lords  day,  fined  ten  shillinges, 
according  to  the  lawes  in  such  cases  prouided. 

Conserning  Thomas  Lucas  his  being  found  drunke  att  the  same  time 
aboue  expressed,  and  therby,  as  alsoe  otherwise,  breakeing  his  bonds  for  the 
good  behauior,  it  is  refered  to  the  next  Court  for  fuither  consideration. 

[*225.]  *It  is  ordered  by  the  Court,  that  wheras  Richard  Child  was  reqidred  by 

an  order  of  Court  att  ^  ,  directed  from  the  Court  held  att  Plymouth  the  fift 
of  March,  1660,  to  desist  from  erecting  a  cottage  in  the  bounds  of  Yarmouth, 
which  is  contrary  to  a  law  established  prohibiting  the  erecting  of  such  like 
cottages,  this  Court,  takeing  notice  that  the  said  order  is  not  by  him  attended, 
haue  ordered  that  the  said  Richard  Child  bee  forthwith  arested,  and  by  sufii- 
cient  surties  secured,  soe  as  hee  may  bee  forth  coming  att  the  Court  to  bee 
holden  att  Plymouth  in  June  next,  to  answare  for  his  contempt  of  the  aforsaid 
order,  and  likewise  in  the  mean  time  to  desist  from  proceeding  in  the  finish- 
ing of  any  such  cottage  now  by  him  in  building. 

A  writing  or  protestation  appointed  to  bee  recorded,  as  followeth  :  — 

The  occation  of  our  coming  into  this  harbour  of  Plymouth  is  this  :  that 
by  crosnes  of  wind  and  weather,  wee  haueing  beat  soe  long  to  gett  into  Ver- 
ginnia  till  all  our  victualls  were  soe  neare  spent  that  wee  had  not  bin  able  to 
subsist  had  not  wee  mett  with  a  shipp  which  spared  vs  a  little  victualls ;  soe 
after  that  wee  beat  soe  longe  till  that  victualls  and  our  water  was  very  neare 
spent,  and  still  the  winds  kept  contrary ;  and  finding  our  selues  soe  fare  to 
the  eastward,  and  noe  hope  of  giting  into  Verginnia,  were  in  hope  to  gett  to 
Monhatoes,  but  could  not,  and  soe  were  forced  to  come  to  this  place  to  recrute, 
the  winds  still  hanging  westerly ;  and  soe  doe  intend,  after  wee  haue  taken 
in  such  nessesaries  as  wee  want,  to  sett  sayle,  God  willing,  the  fii-st  oppertu- 
nitie  of  wind  and  weather,  for  our  Intended  port  in  Verginnia,  according  to 
the  orders  of  M'  John  Saifin. 

This  aboue  written  was  attested  vpon  the  oaths  of  John  "Watson,  master. 


COURT    OEDERS. 


21-3 


Timothy  Blayes,  masters  mate,  and  Arther  Varname,  carpenter,  of  the  barq^ue 
Tryall,  in  the  Court  held  att  Plymouth  May  the  8"",  1661. 

*Wiliam  Randall  was  ordered  by  the  Court  to  procure  Leif?  Torrey 
forthwith  to  lay  out  the  lands  of  the  said  Wiliam  Eandall  according  to  his 
engagement,  that  soe  others  may  not  bee  damnify  by  his  neglect  therof. 

A  note  was  giueninto  this  Coui-t  of  the  names  of  such  of  entertained 
foraigne  Quakers  att  Sandwich. 

"Wiliam  Allin  entertained  Christopher  Holder. 

Wiliam  Newland  entertained  one  forraigne  Quaker. 

Peter  Gaunt  entertained  two  forraigne  Quakers. 

Certaine  psons  of  Sandwich,  for  refusing  and  neglecting  to  assist  the 
marshall.  Barlow,  in  the  execution  of  his  office,  were  fined  as  foUoweth  :  — 

Josepth  Chandeler  ten  shillings. 

Richard  Smith  ten  shillings. 

ISTathaneell  Pish  fine  shilhngs. 

Josepth  Prior,  for  pilfering  and  stealing,  in  speciall  for  steaUng  of  a  paire 
of  button  moidds  out  of  the  house  of  M''  Thacher,  of  Waymouth,  was  sen- 
tanced  to  sit  in  the  stockes  during  the  pleasure  of  the  Court ;  which  accord- 
ingly was  executed. 

Ralph  Smith,  for  lying  in  and  about  the  neglect  of  his  duty,  about  a  war- 
rant directed  to  him,  and  conserning  the  seeing  or  not  seeing  a  whale,  and 
other  misorderly  carriages  tending  to  disturbance  in  the  towne  of  Eastham, 
was  fined  twenty  shillings. 

*A  Verdict  of  Jury  ordered  to  bee  recorded. 
The  23'!  of  the  12%  1660. 
Psons  nominated  by  the  Constable. 
M'  Josepth  Pecke,  Wiliam  Sabin, 

Father  Bowin,  Henery  Smith, 

Deacon  Cooper,  Josepth  Pecke, 

Leiftenant  Hunt,  John  Perren, 

John  Read,  John  Smith, 

Robert  Fuller,  Richard  Bowin,  Juni"". 


1661. 


7  May. 
[*226.] 


[*227.] 


This  jury  haue  heard  what  any  pson  or  psons  could  euidence  conserning 
Wiliam  Day  his  being  found  in  his  masters  barne  dead ;  and  they  doe  all  with 
one  voyce  deliuer  this  in  as  their e  verdict :  that  the  forename  d  Wiliam  Day 
was  a  selfe  murderer. 

Attested  vpon  oath  before  mee,  this  7""  day  of  Aprill,  1661. 

THOMAS   WILLETT. 


214 


PLYMOUTH    COLONY    RECOKDS. 


1661. 

■ r— — ' 

4  June. 

[*228.] 


*Att  the  Generall  Court  holden  att  Plymouth  the  fourth  Day  of 

June,  1661. 


Befoke  Thomas  Prence,  GoQ, 
Wiliam  Collyare, 
John  Aldin, 
Josias  Winslow, 


Thomas  Southworth, 
Wiliam  Bradford,  and 
Thomas  Hinckley, 


M 


Assistants,  &S. 


K  THOMAS  PEENCE  was  chosen  GoQ,  and  sworne. 


•  were  chosen  Assistants,  and  sworne. 


Wiliam  Collyare, 
John  Aldin, 
Thomas  Willett, 
Josias  Winslow, 
Thomas  Southworth, 
Wiliam  Bradford,  and 
Thomas  Hinckley, 
Constant  Southworth  was  chosen  Treasurer,  and  sworne. 


The  names  of  the  deputies  of  the  seuerall  townes  that  serued  att  this 
Court  are  as  foUoweth  :  — 


John  Vincent 
did  not  appeer, 
and  was  fined 
according  to 
order. 


M'  John  Howland, 
John  Dunham,  Seni"^, 
Ephraim  Morton, 
ISTathaneell  Warren, 
M*^  Constant  Southworth, 
Wiliam  Paybody, 
Leiftenant  James  Torrey, 
Cornett  Studson, 
M'  John  Vincent, 
Thomas  Tupper, 
Leiftenant  James  Wyatt, 
James  Walker, 


M"^  Thomas  Howes, 
M'  Edmond  Hawes, 
Henery  Cobb, 
Nathaneell  Bacon, 
M'  Anthony  Eames, 
Anthony  Snow, 
Leiftenant  Peter  Hunt, 
Wiliam  Sabin, 
Leiftenant  John  Freeman. 
Josias  Cooke, 
Wiliam  Britt. 


Leiftenant  Southworth  was  approued  and  appointed  by  the  Court  to  bee 
captaine  of  the  milletary  company  of  Plymouth. 


COURT    ORDERS. 


215 


*The  Grand  Enquest. 


sworne. 


'  Daniell  Cole, 

M''  Josias  Winslo-w,  SemF, 

Edward  Jenkens, 

Robert  Finney, 

John  "Rogers, 

Gorge  Patrick, 

Isaacke  Chettenden, 

Francis  Smith, 

Esra  Perrey, 
_  Henery  Saunders, 


Wiliam  Crow, 
Francis  Street, 
Josepth  Howes, 
John  Russell, 
Henery  Bourne, 
Wiliam  Crocker, 
John  Fitch, 
Samuell  Carpenter, 
Samuell  Tompkins, 
John  Whilden, 


Scittuate, 


The  Constables  of  the  seuerall  Townes. 

Plymouth, "Wiliam  Harlow. 

Duxburrow, Henery  Sampson. 

Mathyas  Briggs, 
Rodulphus  Elmes. 

Sandwich, Benjamine  Nye. 

Taunton, Wiliam  Haruey. 

Yarmouth, Thomas  Boardman. 

Barnstable, Trustrum  Hull. 

{  John  Rogers, 
\  John  Caruer. 

Rehoboth, Thomas  Cooper. 

Eastham, John  Done,  Juni^ 

Bridgwater, John  Haward,  Juni^ 


Marshfeild, 


Surveyors  of  the  Highwayes.- 

Robert  Bartlett, 


Plymouth, 


Scittuate, . 


Andrew  Ringe, 

John  Dunham,  Juni"^. 
(  My  Josepth  Tilden, 
[  Humphrey  Johnson. 


1661. 

4  June. 

Peenoe, 
Gou". 

[*229.] 


sworne. 


*The  comittee  appointed  to  take  the  account  of  the  Treasurer  for  the 
countrey  were  Major  Winslow,  Josias  Cooke,  Leiftenant  Torrey,  Nathaneell 
Bacon,  and  Nathaneell  Warren. 

The  account  is  entered  into  the  booke  of  the  Treasurers  accounts. 

Libertie  is  graunted  vnto   Major  Josias  Winslow  and  others   the  first 


[*230.] 


216'  PLYMOUTH    COLONY    RECORDS. 

1661.  borne  children  of  the  jurisdiction  of  New  Plymouth,  in  reference  vnto  an 

^  order  or  graunt  of  the  Coirrt  bearing  date  1633,  to  purchase  certaine  pcells 

Pkence  °-^  IsiT^i  for  theire  accomodation,  vizj,  a  pcell  next  to  the  Massachusetts  bounds, 

^°""-  and  another  pcell  bet-ween  Namassakett  and  Bridgwater,  and  to  make  report 

^111.  S  TV3.S 

grauntedinah-  therof  vnto  the  Court,  that  soe  such  may  bee  accomodated  as  aforsaid. 

sware  to  a  peti-  jjj  answare  to  a  petition  prefered  to  the  Court  by  sundry  of  the  freemen 

tion  prefered  to 

the  Court  by     of  T'aunton,  the  like  libertie  is  graunted. 

are  heer  ex-  John  Carye  is  admitted  by  the  Court  to  haue  equall  enterest  in  the 

pressed,  whose  graunt  made  to  Arther  Harris,  John  Willis,  and  others,  of  Bridgwater,  for 

names  are  ex-     °  ^  '  u 

tant  in  the  said  accomodation  of  lands. 

"Wiliam  Britt  and  Willam  Paybody  are  appointed  by  the  Com-t  to  run 
the  line  vpon  the  bounds  of  Taunton,  that  soe  they  may  know  theire  true 
bounds  on  the  one  side,  which  att  ^sent  they  are  vncertaine  of. 

The  names  of  Libertie  is  graunted  vnto  some  whoe  were  formerly  servants,  whoe  haue 

these  are  ex-      i       i    i  i  i  •  i       /-i 

tant  in  theire    J^3,nQ  Que  vnto  them  by  couenant,  to  nominate  some  psons  to  tne  Oourt  or  to 
petition  pre-      gome  of  the  maiestrates,  to  bee  deputed  in  theire  behalfe  to  piuxhase  a  pcell 

feredtothe  _  r  f 

Court.  of  land  for  theire  accomodations  att  Saconett. 

+The  Court  haue  ordered,  that  M'  Thomas  Hij^ckley,  Richard  Bourne, 
and  Nathaneell  Bacon  shall  purchase  all  such  lands  as  are  yett  vnpurchasett 
att  Saconeesett  and  places  adjacent,  or  any  in  those  ptes  out  of  the  bounds  of 
Barnstable  or  Sandwich  vnpurchased  and  not  yet  disposed  of  to  any,  that, 
according  to  a  former  graunte,  the  said  ]M'  Hinckley  and  Nathaneell  Bacon 
may  bee  accoinodated  with  lands  there,  and  such  others  as  haue  petitioned  the 
Court  for  accoinodation  there,  vizj,  John  Morton,  John  Finney,  Thomas  Bui- 
man  of  Barnestable,  and  John  Dunham,  Juni''.* 
[*231.]  *Wheras  att  the  Court  held  att  Plymouth  in  March  the  fift,  1660,  liber- 

tie was  giuen  vnto  M"^  John  Howland,  Anthony  Amiable,  Isacke  Robinson, 
Cap?  Nathaneell  Thomas,  Samuell  Puller,  Abraham  Peirse,  and  Peter  Blos- 
ome,  to  purchase  lands  att  Saconeesett  and  places  adjacent,  on  condition  they 
should  take  in  sundry  others  with  them,  to  haue  equall  interest  in  the  said 
lands,  and  to  beare  equall  charges  with  them  about  it,  vizj  :  M"'  Samuell 
Hinckley,  Leiftenant  Mathew  Fuller,  John  Cooper,  Henery  Cobb,  John  Jen- 
kens,  and  Samuell  Fuller,  of  Plymouth ;  this  Generall  Court  doth  establish 

LeiftenantFul-  and  further  confeirme  that  which  the  Court  held  in  March  did  in  the  pmises  ; 

Nelson  theire    likewise  Wiliam  Nelson  was  ordered  to  bee  entered  to  haue  a  halfe  share  of 

names  were  en-  the  abouesaid  accoinodations  with  the  said  purchasers,  hee  bearing  a  propor- 

tered  according     _  n       r     r 

to  order  this      tionable  pte  of  the  charge. 

The  Court  haue  ordered,  that  M'  Thomas  Hinckley,  Richard  Bourne, 


4  June. 
Prence, 


COURT    ORDERS.  217 

and  Nathaneell  Bacon  shall  purchase  all  the  land  that  they  can  of  the  Indians     1661. 

in  those  ptes  towards  Saconeesett  not  intrenching  vpon  the  purchasers  graunt 

att  Saconeesett  aforsaid;  that  M'  Thomas  Hinckley  and  Nathaneell  Bacon 

may  haue  theire  accomodations  according  to  the  Courts  order  and  graunt,  and        Gov^. 

such  others  as  the  Court  shall  see  meet,  some  haueing  akeddy  petitioned  the 

Court  for  lands  there,  vizj,  John  Morton,  John  Finney,  Thomas  Burman,  of 

Barnstable,  and  John  Dunham,  Juni"". 

Liberty  is  graunted  by  the  Court  vnto  M'  Thomas  Prence  to  purchase  a 
pcell  of  land  att  Satuckett,  in  reference  Ynto  his  miU  there  and  vnto  some  other 
lands  hee  hath  there. 

It  is  ordered  by  the  Court,  that  those  that  were  formerly  appointed  by 
the  Court  to  settle  the  bounds  betwixt  M'  Bournes  land  and  Anthony  Snowes 
land  shall  alsoe  settle  the  outward  bounds  therof. 

Att  this  Court,  M'  Anthony  Eames  acknowlidged  before  the  Court  that 
his  sone.  Justice  Eames,  hath  receiued  the  sume  of  thirteen  pounds  sik  shil- 
lings and  eight  pence  of  Thomas  Doged,  of  Marshfeild,  in  foil  of  his  wife's 
portion. 

M'  Aldin  is  appointed  by  the  Court  to  purchase  some  accomodations 
of  lands  of  the  Indians  att  Mannomett  for  the  supply  of  M'  Josias  Standish, 
incase  the  said  Josias  liketh  the  land  when  hee  seeth  ' 

*June  7,  1661.  Wheras  there  hath  bine  diners  differences  betwixt  Mar-  [*232.] 
garett  Hickes,  widdow,  and  Samuell  Hickes,  her  son,  arising  about  the  last  7  June. 
wUl  of  Eobert  Hickes,  as  alsoe  about  certaine  goods  and  chatties  of  Ephraim 
Hickes  the  younger,  son  of  the  said  Robert  Hickes  and  Margarett  Hickes ; 
and  vpon  debateing  of  the  same,  it  is  this  g>sent  day  concluded,  by  a  joynt 
agreement  betwixt  them  both,  that  Samuell  Hickes  shall  pay  his  mother  the 
sume  of  ten  pounds,  the  one  halfe  therof  att  or  before  the  first  day  of  Decem- 
ber next  after  the  date  heerof,  and  the  other  halfe  in  October,  1662,  which 
sume  shee  doth  acknowHdge  shalbee  in  full  satisfaction  of  all  differences  what- 
soeuer,  and  doth  acquitt  the  said  Samuell  of  all  thinges  whatsoeuer  that  did 
or  might  any  way  arise  by  reason  of  the  said  estate,  as  alsoe  for  all  other 
matters  whatsoeuer  from  the  beginiag  of  the  world  vnto  this  day,  the  wine- 
scott  bedsted  and  the  table  in  the  hall  to  remaine  to  the  house  as  now  it 
stands  ;  and  Samuell  Hickes  doth  promise,  that  incase  hee  doth  remoue  from 
Plymouth,  that  hee  will  not  put  any  into  the  house  that  shalbee  injuriouse  or 
offenciue  to  his  mother ;  neither  will  hee  molest  or  trouble  any  by  reason  of 
any  ^sent  estate  his  mother  is  now  possessed  of,  the  house  remaining  to  him 

VOL.  III.  28 


218  PLYMOUTH    COLONY    KEC0RD3. 

1  fi  G  1.     att  his  decease.     Witnes  our  hands  to  this  our  joynt  agreement,  the  seauenth 

'^       '    day  of  June,  in  the  yeare  1661. 
y™'-  MAEGARETT   HICKES, 

Gou-.'  SAMUELL  HICKES. 

Witnes. 

John  Browne, 
*  The  marke  ^^  of  Manasses  Kemton, 

Ephraim  Morton. 

10  June.  The  10""  of  June,  1661.    Forasmuch  as  the  abouemensioned  writing  was 

desired  to  bee  recorded,  and  vpon  review  therof  is  found  not  full  for  the  ends 
intended  on  both  parties,  vizj,  the  concluding  of  all  diiferences  between  the 
abouesaid  Margarett  Hickes  and  Samuell  Hickes  that  had  bin  about  the  estate 
therin  specifyed,  the  said  Samuell  Hickes,  being  sent  for  by  the  Court,  did  in 
the  Court  freely  declare  that  what  was  short  in  the  aboue  entered  writing  and 
agreement  on  his  part,  hee  now  engaged,  and  doth  by  these  ^sents  acquitt  his 
mother,  Mistris  Margarett  Hickes,  and  all  conserned  on  her  part,  as  fully  as 
by  the  said  writing  his  mother  had  acquited  him  on  his  pte ;  that  soe  heerby 
there  is  a  full  and  finall  end  of  all  differences  betwixt  the  said  pties  and  all 
others  any  way  conserned  therin,  from  the  begiiiing  of  the  world  to  this  day, 
being  the  10""  of  June,  1661,  and  for  the  future  foreuer  not  meddleing  with 
the  purchase  land. 

The  naighborhood  of  Sowamsett  is  ordered  to  pay  a  rate  of  fifty  shil- 
lings for  the  publicke  charges  of  the  countrey,  and  that  twenty  shilliages 
wherof  to  bee  alowed  for  the  easing  of  Sandwich  rates. 

And  vnto  the  towne  of  Eehoboth  twenty  shilling  for  the  easing  of  theire 
rates. 
[*233.]  *The  Court  haue  accomodated  our  honored  GoS  with  the  sume  of  twenty 

pounds,  to  bee  aded  to  the  ten  pounds  which  is  annually  assigned  vnto  him ; 
which  said  sume  of  twenty  pounds  wee  dispose  vnto  him  as  a  smale  gratuitie 
for  this  following  yeare,  to  bee  payed  out  of  the  treasury. 

It  is  ordered  by  the  Court,  that  a  speciall  warrant  shalbee  directed  to  the 
constable  of  Taunton,  to  attach  the  psons  or  estates  of  such  as  shall  come  vp 
Taunton  Eiuer  to  fetch  away  the  timber  or  woods  to  convey  it  out  of  the  goG- 
ment,  and  that  the  like  power  shalbee  giuen  to  any  other,  as  occation  shalbee, 
by  warrant  to  arrest  any  such,  theire  psons  or  goods,  that  shall  soe  transgresse, 
that  soe  they  may  bee  bound  ouer  to  answare  the  same  att  the  following 
Court ;  and  that  the  like  course  bee  alsoe  taken  with  all  such  as  shall  come 
into  the  goQment,  and  hier  or  buy  lands  of  the  Indians  without  order. 


COURT  ORDERS.  219 

M"^  John  Howland,  Nathaneell  "Warren,  and  Benjamine   Bartlett   are     1661. 
appointed  by  the  Court  to  procure  a  workeman  or  workemen  to  view  and  '' 

serch  the  bridge  att  Joanses  Riuer ;  and  whatsoeuer  shalbee  found  nessesary  peence 
to  bee  done  about  the  repairing  therof,  they  haue  power  to  agree  with  work-  Gov''. 
men  to  doe  it,  and  to  bee  payed  by  the  countrey. 

It  is  ordered  by  the  Court,  that  the  suine  of  fourscore  pounds  bee  raised 
and  leuied  by  rates  on  the  seuerall  townes  of  this  jurisdiction,  according  to 
theire  proportions,  towards  the  charge  of  the  coinissioners  att  theire  next 
meeting  att  Plymouth,  twenty  and  fiue  pounds  therof  to  bee  payed  in  money 
by  the  fifteenth  day  of  July  next,  and  the  remainder  therof  to  bee  payed  by 
the  last  of  October  next,  the  one  halfe  therof  in  wheate,  and  the  other  halfe 
in  pease,  or  barly,  or  porke,  att  prise  current,  and  to  bee  deliuered  att  Boston. 

The  Proportions  of  the  u       s       a 

Plymouth, 2:6:3 

Duxborrow, 2:2:1 

Scittuate, 3  :  15  :    7i 

Sandwich, 2  :  U  :    1 

Taunton, 2  :  03  :  01 

Yarmouth, 2:2:1 

Barnstable, 2:6:3 

Marshfeild, 2:2:1 

Eehoboth, 3  :  15  :    7i 

Eastham, 1  :  14  :    0 

*It  is  ordered  by  the  Court,  that  the  ward  of  Eehoboth  shall  extend  vnto      [*234.J 
Sowamsett  and  vnto  all  the  naighbors  there  inhabiting  as  to  the  constable  of 
Eehoboth  his  execution  of  his  office,  as  occation  shall  require ;  which  hee  is 
required  by  this  order  to  doe  and  pforme  as  well  there  as  in  any  other  pte  of 
that  constablericke. 

Liberty  is  graunted  by  the  Court  vnto  Gyles  Eickard,  Seni',  to  keep  an 
ordinary  for  the  entertainment  of  strangers,  with  the  like  liberties  as  others 
haue  in  that  behalfe. 

The  ordinary  keepers  of  the  towne  of  Plymouth  are  heerby  prohibited  to 
lett  John  Barnes  haue  any  liquors,  wine,  or  strong  drinke,  att  any  time,  within 
dores  or  without,  on  the  penaltie  of  being  fined  fifty  shillings'  if  they  shalbee 
found  soe  to  doe,  to  bee  leuied  to  the  vse  of  the  coUonie. 

It  is  ordered  by  the  Court,  that  the  Treasurer  shall  repay  a  barrell  of 
powder  to  the  towne  of  Plymouth,  to  make  good  that  which  was  spent  att  the 
proclamation  and  att  other  times. 


220  PLYMOUTH    COLONY    KECOEDS. 

1661.  Vpon  the  complaint  of  "Wiliam  Hiferney,  Irish  man,  seruant  to  John 

'^    "^    Hollot  of  Scittuate,  that  hee  is  bound  to  his  said  master  the  tearme  of  twelue 
10  June.  1         •        1  •  1  f  1  ■ 

Prence       yeares,  hauemg  bin  stolen  away  out  of  his  owne  countrey,  and  engagemg  to 

Gou".        soe  long  a  time  when   hee  was  vnaquainted  with  the  English  tongue,  the 

Court,  haueing  heard  what  the  said  master  and  seruant  could  say  in   the 

^mises,  haue  pswaded  the  said  John  HoUett,  and  hee  by  these  jpisents  hath 

engaged  to  the  Court,  that  if  his  said  seruant  shall  and  doe  pforme  vnto  him 

faithfull  seruice,  and  carry  himselfe  otherwise  as  hee  ought  to  doe,  that  hee 

doth  and  will  remitt  two  yeares  of  the  time  of  his  seruice,  and  hkewise  will 

pforme  the  conditions  of  his  indenture  to  and  with  his  said  seruant. 

Conserning  a  complaint  made  by  some  of  Yarmouth  against  Eichard 
Childs,  that  hee  hath  erected  a  cottage  within  the  Hberties  of  the  towne, 
contrary  to  order  of  Court,  the  said  Childs  haueing  put  in  cecuritie  to  saue 
harmles  the  towne  of  Yarmouth  from  all  charge  that  may  arise  by  the  chil- 
dren hee  now  hath,  the  Court  haue  pmitted  the  said  Childs  to  enjoy  his  build- 
ing or  cottage  in  the  place  foremencioned. 

Libertie  is  graunted  vnto  Daniell  Cole  to  drawe  and  sell  stronge  waters 

and  wine  att  Eastham,  prouided  that  hee  bee  alwaies  furnished  with  good 

wine  for  the  supply  of  those  that  are  in  need  amongst  them. 

r*235.1  *M'  Henery  Hobson,  of  Road  Hand,  acknowhdgeth  to  1 

.  _  MO :  00 :  00 

owe  vnto  our  soQ  lord  King  Charles  the  sume  of    .  J 

The  condition,  that  if  the  said  Henery  Hobson  shall  and  doe  appeer  att 
the  Court  to  bee  holden  att  Plymouth  the  first  Tusday  in  October  next,  to 
answare  for  his  division  of  authoritie  in  counterfeiting  the  solemnising  of  the 
marriage  of  Eobert  Whetcombe  and  Mary  Cudworth,  and  not  depart  the  said 
Court  without  lycence  ;  that  then,  &6. 

Memorand:  that  Eobert  Whetcomb  &  his  wife,  Eobert  Able  and  his 
wife,  and  Ezekiell  Mayne  be  summoned  to  the  said  Court  to  giue  euidence 
about  the  abouesaid  fact. 

Thomas  Joanes,  of  Taunton,  acknowlidgeth  to  owe 


vnto  our  soQ  lord  the  King  the  sume  of   ....  / 

And  James  "Walker  the  sufae  of 05  :  00  :  00 

The  condition,  that  if  the  said  Thomas  Joanes  shalbee  of  good  behauior 
towards  our  soQ  lord  the  King  and  all  his  leich  peopell,  especially  in  regard 
of  iinoderate  drinking,  and  appeer  att  the  Coui-t  to  bee  holden  att  Plymouth 
the  first  Tusday  in  October  next,  and  not  depart  the  id  Court  without  ly- 
cence ;  that  then,  &6. 
Fine.  Thomas  Lucas,  haueing  forfeited  his  bonds  for  the  good  behauior,  which 


COURT    ORDERS.  221 

said  forfeiture  was  the  sume  of  twenty  pounds,  the  Coui-t,  vpon  some  consid-     1661. 
erations,  haue  remited  the  sume  of  ten  pounds  therof.  '       "'' 

TT  T      T        •  T       TT  ■  •  .  ^^  June. 

Fine.     Lodowicke  Hawkes,  for  refusing  to  aide  the  marshall  Barlow  in      pkenoe 
the  execution  of  his  office,  is  fined  twenty  shillings.  ^°'°''- 

John  Washburne,  Juni',  for   turbulent  carriages  towards  the  marshall  Fine. 
Nash  in  the  execution  of  his  office,  fined  ten  shillinges. 

Samuell  Jackson,  for  being  drunke,  fined  fine  shillings,  and  for  neglect-  Fine, 
ing  to  appeer  att  Court,  being  sumoned,  fined  the  sume  of  ten  shillinges. 

*Thomas  Burge,  Juni',  being  bound  ouer  to  the  Court  to  answare  for  an  [*236.] 
act  of  vncleanes  comitted  by  him  with  Lydia  Gaunt,  hee  was  sentanced, 
according  to  the  law,  to  bee  seuerly  whipt,  which  accordingly  was  enflicted 
whiles  this  Court  was  in  being,  and  a  2"™*  time  to  bee  whipt  att  Sandwich, 
att  the  discretion  of  M"^  Hinckley,  on  the  first  Munday  in  July  next  after  the 
date  heerof ;  and  as  conserning  the  capitall  letters  to  bee  worne  according  to 
the  law,  it  is  for  the  p>sent  respited  vntill  the  Court  shall  descerne  beter  of 
his  future  walkeing. 

And  wheras  Elizabeth,  the  late  wife  of  the  said  Thomas  Burge,  did 
vrgently  soUicite  the  Court  for  a  diuorse,  the  said  Thomas  Burge  manifesting 
little  dislike  therof,  and  some  of  theire  relations  conciu'ring  therin,  the  Court, 
considering  the  nature  of  the  fact,  together  with  the  pticulars  mencioned,  did 
see  cause  to  graunt  the  said  Elizabeth  her  desire,  and  therfore  doe  heerby 
declare,  that  henceforth  they,  the  said  Thomas  and  Elizabeth,  are  not  to  bee 
reputed  husband  and  wife  each  to  other,  but  are  cleared  of  theire  marriage 
bond,  and  are  fully  and  clearly  divorced ;  furthermore,  the  Court  doth  allow 
and  determine,  that  the  said  Elizabeth,  the  late  wife  of  the  said  Thomas 
Burge,  shall  haue  and  enjoy  one  pte  of  three  of  all  his  estate,  vizj,  lands, 
goods,  and  chatties,  as  her  proper  right  foreuer ;  as  alsoe,  the  said  Thomas 
Burge  consenting  thervnto,  att  the  same  time  the  Court  did  allow  her  an  old 
cotten  bed  and  bolster,  a  pillow,  a  sheet,  and  two  blanketts,  that  were  with 
the  paire  of  sheets,  with  some  other  smale  thinges  that  are  in  Wiliam  Bassetts 
hands,  to  the  vaUue  of  forty  shillings. 

Att  this  Court,  John  Allin,  of  Rehoboth,  came  into  the  Court,  and  en- 
formed  conserning  his  proceedings  about  his  late  deceased  brother,  Robert 
Allin,  whoe  was  found  dead  in  his  house  on  his  bed,  saying,  in  regard  of  the 
distance  of  place  from  any  majestrate,  hee  was  constreyned  to  bury  him ;  not- 
withstanding, hee  procured  twelue  men  to  view  the  corpes,  who  are  to  haue 
an  oath  giuen  them  by  M'  Pecke  to  glue  in  a  true  verdict  of  the  death  of  the 
said  Robert  Allin.     There  names  are  as  foUoweth  :  — 


222  PLYMOUTH    COLONY    RECORDS. 

1661.  M"'  Steuen  Paine,  Seni%  Eichard  BuUocke, 

"        '       ^  Leiftenant  Peter  Hunt,  Robert  Wheten, 

Pj^^^pJ  Wiliam  Sabin,  Robert  Abell, 

Gou"'.  John  Browne,  Juni',  Josepth  Carpenter, 

John  Allin  _  _,  -n  a  i 

saith  that  his  James  Browne,  Roger  Annadowne, 

brother  Robert  j^j^^  jj^g^d,  Richard  Whittacare. 

told  him  that 
hee  hath  three 

young  steers,  *-^  judgment  was  graunted  vnto  Robert  Marshall  for  the  suine  of  seauen 

and  three  pounds  three  shilUnges  and  nine  pence,  to  bee  payed  in  money  vpon  the  bal- 
att  Sandwich,  lence  of  an  account,  besides  the  charges  about  the  attachment  and  keeping  of 
[*237.]  a  horse  attached  by  the  said  Robert  Marshall,  vpon  the  aforsaid  complaint 
against  Thomas  Sowell,  w*  said  charges  amount  vnto  twelue  shilhngs  for  the 
keeping  of  the  horse,  and  eight  shillings  and  six  pence  for  the  feching  and 
procuring  of  the  attachment ;  the  said  horse  was  deliuered  vnto  the  said  Rob- 
ert Marshall,  as  hee  was  prised,  att  nine  ponds  and  fiue  sliiUings,  wherof  the 
said  Marshall  is  to  bee  satisfyed  the  abouesaid  suiiie  in  money  and  charges, 
and  the  ouerpluse  to  bee  returned  vnto  the  said  Sowell.  The  suine  of  eight 
shillings  was  attached  in  the  said  Robert  Marshalls  hand  for  the  satisfying  of 
the  constable  of  Taunton  for  the  time  the  said  horse  went  in  his  pasture. 

Vpon  the  complaint  made  by  some,  that  certaine  horses  or  horse  kind, 
belonging  to  Road  Hand,  are  found  goeing  within  our  liberties  on  Cawsumsett 
Necke,  neare  Sowamsett,  to  the  great  annoyance  of  the  Indians  and  English 
there,  this  Court  ordereth,  that  all  such  horses  as  shalbee  found  soe  goeing 
shalbee  accoumpted  strayes,  and  that  sume  course  bee  taken  for  the  takeing 
of  them  vp,  according  to  order  of  Court  in  that  case  prouided. 

It  is  ordered  by  the  Court,  that  such  farmes  as  are  or  shalbee  rated,  incase 
they  shall  refase  or  neglect  to  pay  theire  rates  in  seasonable  time,  that  then 
the  cheife  marshall  shalbee  sent  to  destreine  for  it ;  and  what  charges  shall 
arise  about  the  same,  the  owners  of  the  said  farmes  shall  pay  it. 
Fine.  Gyles  Rickard,  Seni'^,  for  suffering  men  to  drinke  drunke  in  his  house, 

fined  ten  shillings ;  and  for  suffering  men  to  drinke  in  his  house,  contrary  to 
speciall  order  of  Court,  fined  ten  shillings. 
Fine.  John  Moses,  for  beeing  drunke  the  2"™*  time,  fined  ten  shills. 

Edward  Holman,  being  convicted  of  drunkenes  the  2"™*  time,  fined  ten 
shilhngs. 
[*238.]  *The  Court  haue   ordered  and  appointed  M"^  Thomas  Hinckley  to  see 

the  Courts  order  executed  on  Thomas  Bui-ge,  Juni',  of  Sandwich,  vizj,  to  bee 
pubHckly  whipt,  att  the  discretion  of  the  said  M'^  Hinckley,  for  the  fact  of 
vncleanes  the  said  Burge  coinitted  with  Lydia  Gaunt,  of  Sandwich  aforsaid ; 


COURT    ORDERS.  228 

tMs  to  bee  executed  att  Sandwich  -with  all  convenient  speed,  according  to  the      1661. 
law  in  that  case  prouided.  ""     ''      ' 

23  July. 
Prence, 

*"Wee,  whose  names  are  vnderwritten,  being  sumoned  by  M'  John  Aldin,  Gou". 
Assistant,  the  23*  of  this  instant  July,  to  enquire  conserning  the  suddaine  L  ■^''^-J 
death  of  John  Bond,  of  Plymouth,  seruant  to  Gorge  Watson,  doe  find  as  fol- 
loweth,  vizj,  that  the  said  John  Bond,  the  day  aboue  mencio'ned,  coming  home 
with  his  said  master  with  a  load  of  wood,  well  and  in  health  for  ought  wee 
know  or  can  find,  the  said  Bond  went  to  vnload  the  cart,  and  someway  touch- 
ing the  mare  that  drew  the  cart,  shee  ran  away  with  him  on  the  cart,  and  that 
hee  leaped  of  from  the  cart  before  the  wheele,  and  soe  the  cart  ran  ouer  him, 
and  wee  judge  that  soe  hee  came  by  his  death ;  and  for  the  truth  of  this  our 
verdict  wee  haue  heervnto  subscribed  our  hands. 

JOHN  MOSES, 
THOMAS   BONNEY, 
FRANCIS   BILLINGTON, 
AETHER  VERNAM, 
JOHN  EEDEY, 
THOMAS  LUCAS, 
JOHN  DUNHAM, 
GABRIELL  FALLOWELL, 
SAMUELL  HICKES, 
JOHN  WOOD, 
HENERY  WOOD, 
RICHARD   WRIGHT. 

[The  following  entries  are  recorded  out  of  place  on  the  back  of  page  239.] 

1656.     March  the  fift. 

Wniam  Randall,  for  his  afiEronting  the  cunstable  of  Scittuate  in  the 
execution  of  his  office,  and  for  speaking  opprobriously  of  the  Lord  Protector, 
is  fined  forty  shOlings,  and  to  make  a  pubHcke  acknowlidgment  of  his  fault 
in  speaking  such  words  before  the  Court ;  which  hee  g>sently  did. 

March,  1656.  Wiliam  Hailstone  is,  according  to  order,  fined  the  sume 
of  twenty  shilling  for  telling  two  lyes  in  a  petition  prefered  to  the  Court 
June,  1656. 

March,  1656.  Wiliam  AUin,  for  refusing  to  serue  on  the  grand  enquest, 
is  fined,  according  to  order,  twenty  shillings. 


224  PLYMOUTH    COLONY    RECORDS. 

October  the  sixt,  1657.  Wiliam  Newland,  for  refusing  to  serue  on  a 
jury,  fined  ten  shillings ;  and  pmitting  a  meeting  in  his  house  contrary  to  order 
of  Court,  fined  other  ten  shillings,  according  to  the  said  order. 

October  the  sixt,  1657.  Ealph  Joanes,  for  neglecting  to  frequent  the 
publick  worship  of  God,  is  fined  ten  shillings,  according  to  order. 

February  the  2"=™"*,  1657.  Edw  Holman,  for  entertaining  John  Wade, 
seruant  to  John  Barnes,  &6,  is  fined  10'  to  the  rse  of  the  collonie. 

March  2™*,  1657. 

See  the  causes  Arther  Howland  fined  nine  pound. 

in  orders  and  j^^^  j^  j^^^^     j^jr  pgter  Gaunt,  Daniell  Wing,  and  Wiliam  AlHn  fined 

passages  of  the  jt  j  ^  :>  o' 

saidCoTirt.        twenty  shillings  a  peece. 

John  Barnes  fined  fiue  pound. 

Henery  Howland  ten  shilhngs. 

Edward  Holman  ten  shillings. 

Robert  Crosman  fiue  shilUngs. 

Gowin  White,  for  telHng  a  lye,  fined  ten  shillings. 


GENERAL   INDEX. 


/ 


GENERAL   INDEX. 


Abell,  Able,  Robert, 115,  220,  222 

laud  granted  to, 120 

licensed  to  keep  an  ordinary, 104 

Accord  Pond,  land  near  granted  to  Mr.  Hatherly, .  103 

Acoaksett, 186 

Adams,  Adames,  John,     ....     71,  135,  148,  188 

admitted  a  freeman, 136 

Aimes,  John, 84,  136 

See  Eames. 
Alden,  Aldin,  John,  3,  6,  7,  13,  20—22,  27, 30,  35,  38, 
39, 41—43, 47,  55,  56,  62,  67,  71,  73,  76,  77, 
82,  84,  87,  89,  90,  95—97, 99,  102—105,  108, 
111,  114,  117,  122,  124,  125,  127,  128,  133, 
134,  143—146,  149,  150,  155,  157,  158,  160, 
162,  165,  169,  170,  174,  177,  180,  185,  187, 
195,  197,  198,  202,  203,  205,  208,  211,  214, 
223. 
an  Assistant,  7,  30,  48,  77,  99,  114,  134,  162,  187, 

214 
one  of  the  council  of  war,  ....  26,  28,  138 
commissioner  to  Yarmouth,     ....     117,  132 

Treasurer, 99,  115,  135 

giants  of  land  and  money  to,  .     .     .     .     120,  195 

Jonathan,  admitted  a  freeman, 117 

ensign  of  Duxbury  military  company,    .     .  143 

Joseph, 115,  188 

admitted  a  freeman, 117 

Mr., 190, 201 

Alexander,  Pokanokett,  alias  Wamsitta,   .     .         .192 
Alford,  William,  execution  against  Thomas, ...     15 

Allen,  Allin,  Benjamin, 206 

fined  for  attending  Quaker  meeting,      .     .     .  200 

Francis, 165,  188 

George, 74,  138,  204 

fined  for  not  taking  the  oath  of  fidelity,  176, 

181,  191,  209 


AUen,  John,  .     .  49,  92,  120,  133,  138,  142,  221,  21.'2 

deputy  from  Rehoboth, 21 

takes  the  oath  of  fidelity, 26 

admitted  a  freeman, 117 

fined  for  not  taking  oath  of  fideHty, .     .     .     .154 

Joseph, 204 

fined  for  attending  Quaker  meeting,  and 
not  taking  oath  of  fideKty,   168,   176,  181, 
191,  200,  201,  209. 

Matthew, 138,  154,  204 

excluded  from  Sandwich, 153 

fined  for  not  taking  oath  of  fidelity,  168,  176, 

181,  191,  201 
fined  for  attending  Quaker  meeting,  .     .     .  200 

PhiKp, 204 

Ralph,    .     .  138,  173,  200 

Ralph,  Sen., 4,  115,  154 

excluded  from  Sandwich, 163 

fined  for  not  taking  oath  of  fidelity,  168,  176, 

181,  191,  201,  209 

presented  for  neglecting  public  worship,      .     74 

fined  for  harboring  Quakers,     .     .     .     123,  130 

Ralph,  Jun., 49 

a  Quaker,  fined, 130,  224 

Robert, 222 

inquest  upon, 221 

Samuel, 188 

Thomas,  116,  136 

admitted  a  freeman,        7 

WiUiam,  .  100,  112,  138,  147,  204,  213,  224 
fined  for  not  serving  as  grand  juror,  .  .  .  223 
fined  for  not  taking  oath  of  fidelity,  154,  16S, 

181,  191,  209 
fined  for  attending  Quaker  meeting.  111,  130, 

200 

Mr., 139,  151 

(227) 


328 


GENEKAL   INDEX. 


Allen,  Ml.,  to  provide  for  the  governor,  .     .     .     .121 

AUerton,  Isaac, 98,  195 

execution  against  Godbertson  discharged,  .     .     98 

Ahny,  Job, 196 

Andrews,  Andrewes,  Andrew,   Henry,     .  .     .  100 

constable,     ....  ....  .        188 

.Joseph, 73,  75,  78,  82,  102 

Hephzibah, 161,  176 

complaint  against  French,  ....  165 

Anis,  Ainis,  Aines,  Aimes,  Alexander,  and  others, 

punished  for  adultery,       .     .     .        110 — 112 

ICatherine, 110—112 

Annable,  Anthony, 147 

land  granted  to,  at  Saconeeset,     .     .  216 

deputy  from  Barnstable,      ....     32,  99,  1 15 

Annadowne,  Roger, 158,  222 

Annawamscutt,   .  ....  192 

Apportionment  of  rates,  see  Rates. 

of  troops  upon  the  several  towns,      29,  54,  68,  91 
Arnold,  Samuel,  .     .     .     .    9,  36,  73,  75,  148 

propounded  as  freeman,  ...  .8 

made  a  freeman,    .     .  .  .     .  .     .     30 

deputy  from  Yarmouth,      .  ...   49,  99 

Ashley,  Ashly,  Thomas, 58,  59 

takes  oath  of  fidelity, 58 

licensed  to  keep  an  ordinary,   .     .  ...     61 

Assistant,  oath  of, 59 

Assistants  chosen,  7, 30,  48,  77,  99,  114,  134,  162,  187, 

214 
Assonett,    .     .  .     .  ....  .40 

Atkeson,  Henry,      .     .  15 

Atkins,  Attkins,  Hemy, 32,  116,  163 

propounded  as  freeman,       .     .  .  .31 

admitted  a  freeman,        .     .     48 

Mary, 197,  199,  200 

Thomas,  takes  oath  of  fidelity,     ...  .58 

prosecuted, 197,  199,  200 

Attachments, 113,  174,  222 

Attwood,  Mrs., 110 

Austine,  Jonas,         .  ...  .     .  116 

takes  oath  of  fidelity,  1 17 

Bacon,  Nathaniel,  73,  75,  83,  120,  129,  139,  147,  193, 

195,  215 
one  of  the  council  of  wai-,  .  .     .  138 

supervisor  of  Hugh  Jackson's  estate,  151 

land  granted  to, 164,  216 

deputy  from  Barnstable,  9,  32,  44,  49,  63,  80,  135, 
162,  187,  193,  214 
and  Thomas  Hinckley  to  purchase  all  the  land 

they  can  of  the  Indians,  .  ...        2 17 

Baddo,   John,   a   sen'ant,    punished    for    nmning 

away, 204 

Baker,   Francis,   presented    for  retailing  without 

license, ...     28 

suit  of  John  Hall  against, 83,  8S 

Samuel, 143  i 


Bangs,  Banges,  Edward, 9,  61,  62 

deputy  from  Eastham, 9 

Hcenspd  as  retailer, .123 

John,  his  interest  in  lands  at  Cushena,  .     .     .  186 

Barker,  Anna, ...     37 

Deboi-ah,     .  ....    37,  164,  171,  172 

John, 37,  160,  171 

drowned,  inquest  upon.  .  .  .28 

settlement  of  his  estate,  ...  ...     37 

Mary, 37 

Robert,  .  ....  28,  49,  82,  164 
propounded  as  freeman,  ...  31 
admitted  a  freeman,  ...  .48 
petitions  for  lands  at  Namassakeeset,  .  .  39 
suit  against  John  Williams,  Jun.,  .  .  .  .171 
supervisor  of  Goodwife  Thomas's  es- 
tate,      197 

Barlow,  George, .          .          .     147,  161,  173,  176,  190 
marshal  for  Sandwich,  Barnstable,  and  Yar- 
mouth,   

his  commission  to  prevent  Quakers  from  com- 
ing to  Sandwich,  .  .  .     . 
admitted  an  inhabitant  of  Sandwich,      .     .     . 
required  to  restore  Allen's  oxen,  ... 
his  wan-ant  to   search   Quakers'   houses  for 

papers,  

his  complaints  against  several  persons,  173,  180, 

190 

allowance  to  him  for  services, 181 

complaint  of  John  Jenkins  against,        .     .     .183 

land  granted  to,         .  194 

fined  for  cruelty  to  Benjamin  Allin,  .  .  206 

ordered  to  restore  R.  AUin's  goods,  .     .  206 

Marshal,      ...  .     .  182,  191,  204,  206 

,  .     .  191 

Barnes,  Joane,  punished  for  slander,  ...     23 

John,  .         94,  142,  159,  177,  194,  210,  224 

fined  for  drimkenness,     ...    5,  22,  129,  224 

his  indemnity  to  his  sm-eties,    .     .     .     .   20,  21 

complaint    of    his    servant    against    John 

Smith, 27,  39 

27 
38 
77 
126 
159 
176 
203 
219 


141 

154. 
105 
165 

173 


John  Smith's  complaint  against,  . 
Winifi-ed  Whitney  against,  .  .  . 
his  lands  at  Lakenham, 
complaint  against  Edward  Holman, 
licensed  to  keep  an  ordinary,  .  . 
disfranchised,         .  .... 

suit  against  Joseph  Billington, .     . 
ordinary  keepers  not  to  furnish  liquor  to. 


167. 


Barnstable,  15.   18,  22,  25,  50,  85,  86,  132,  140,  141, 

195 
deputies,      .  .         .     .    9,  24,  32,  80,  170 

soldiers,  29.  6S,  92 

town  ofiicers,  8,  9,  31,  33,  48,  50,  78,  79,  100,  101, 

1  !6,  136,  163,  188,  215 

rates,      .     .  .14,  19,  34,  51,  54,  150,  219 


GENERAL   INDEX. 


229 


Barnstable,  magistrates,     ...  118 

raiUtary  officers, 17 

settlement  of  bounds  -with  Sandwich,  ...  4 
suit  against  the  to\ni  for  not  contributing  to 

building  Eel  River  bridge, 20 

See  Bridge. 

ordinary, 38 

pays  quota  expense  Indian  expedition,  .  .  .  102 
lands  purchased  by  them  of  Indians,  .  143, 144 
settlement  of  bounds  mth  Yarmouth,  .  .  .  175 
licensed  to  purchase  Indian  lands,  .  201 

Barstow,  George,     ....         35 

Wilham, 35,  36,  123,  135 

his  acknowledgment  to  Mr.  Chauncy,     .     .     35 
contracts  to  build  North  River  bridge,   lOS,  192 
licensed  as  retailer,     ...  ....  118 

admitted  a  freeman,  .     .  .     .  137 

Bartlett,  Benjamin, 115,  205,  219 

propounded  as  freeman,      .  .     .  .     .     31 

admitted  a  fi-eemaii, 48 

Robert, 9,  78,  215 

lands  confirmed  to, 19 

his  bounds  to  be  settled, 142 

fined  for  speaking  against  singing  psalms,    .  185 
Bass  fishing,  grand  jury  inquire  by  what  authority 

the  Com't  prohibits, .10 

Bas.sett,  Nathaniel,  punished, 4 

Ruth,  presented,        ....  ....     82 

William,      .     .     .     .  8,  49,  61,  62,  116,  181,  221 

his  warrant  to  collect  rates, 131 

paid  for  services  as  constable, 137 

Marshal  Barlow's  complaint  against,  .     .     .180 

William,  Sen., 93 

fined  for  disobejing  council  of  war,    ...     36 
William,  Jun.,  propounded  as  freeman,      .     .     78 

admitted  a  freeman,         101 

licensed  to  keep  an  ordinary,    .     .  .     .  159 

Bates,  James,      .  .  .     .  ....     40 

Bayley,  Guydo, 160 

Bearce,  Austin,        .     .     32 

propounded  as  freeman, 8 

admitted  a  fi-eemin, 30 

Beare,  Bear,  Richard,  presented  for  swearing,  91,  96, 

98 
recognized  to  answer,  &c.,  .     .     .      154,  167,  176 

propounded  as  freeman,  8 

admitted  a  freeman, .     .     30 

Beasell,  John,  several  demands  against,         .     .     .  209 
Beedle,  Bedle,  Joseph,      .     .     .     .9,  28,  70—72,  208 

Miles  Standish  against,  ...  ...     27 

Berry,  Alice,  presented  for  stealing,  28,  36,  75,  82 

Richard, 37,  74,  75,  82 

Bessey,  Anthony, .49 

Bewitt,  George, 188 

Billington,  Fr.vncis, .  223 

land  gi-anted  to,    .  .  .   104 


Billington,  Francis,  suits  against  Gray  and  Brown,    110 

Joseph, 110 

Samuel  Fuller  and  others  against,      .     .     .  1 27 

John  Barnes  against, 203 

Bird,  Thomas, 102,  160,  172 

BLsbee,  Besbey,  Elisha, 163,  208 

admitted  a  freeman, 7 

Bishop,  Mr., 161 

Black,  Blacke,  Miles, 100 

land  granted  to, 19 1 

prosecuted  for  fraud, 20  S 

Bkckstone,  Mr., 84 

Blake,  John,  land  granted  to, 182 

Blays,  Timothy, 213 

Blisse,  Jonathan, 9,  78 

propounded  as  freeman, 73 

Blossom,  Peter,  land  granted  to,  at  Saconeeset,      .  216 

Blush,  Abraham, 9,  100,  135,  188 

propounded  as  freeman, 7 

Boardman,  Thomas,      .     .     .78,  90,  91,  146,  155,  215 

Bond,  John,  inquest  upon, .  223 

Bonney,  Thomas, 32,  223 

Bonum,  George, 135,  207 

admitted  a  freeman,  .  137 

suit  against  Joseph  Ramsden, 147 

suit  against  John  Smith,     ...  ...  169 

Boreman,  Burman,  Thomas, 79,  210 

land  granted  him  at  Saconeesett, 217 

Bourne,  Bume,  Henry,     ....     79,  100,  135,  215 

John, 28,  72 

Richard,      ...    18,  32,  96,  164,  167,  175,  216 

deputy  from  Sandwich, 8 

petitions  for  land,  ...  ...  6'! 

lands  gi-anted  to,    .  85,  193,  194,  201,  208,  216 
committee  to  lay  out  his  land,  ...  20  B 

Thomas, .  .     .  .  208 

Mr., 5 

his  bounds  settled, 138,  217 

Bowen,  Bowin,  Obadiah, .  116 

Richard,      ....  33,  120,  135,  142,  158,  213 

to  try  causes  at  Rehoboth, 104 

Father, 213 

Bower,  John,      .     .  16 

Bradberey,  Katherine, ...       5 

Bradford,  AKce,  Sen., l7o 

John, 72,  78,  129,  148,  188,  208 

deputy  from  Duxburj', 8 

deputy  from  Marshfield, 24 

Joseph, 196 

William,  3,  6,  7,  13,  15,  17,  20,  21,  30,  35,  39,  41 

—43,  47,  56,  56,  58,  62,  67,  71,  73,  76,  77, 

84,  87,  89,  90,  95,  97,  99,  103,  107—110. 

chosen  governor,    ...  .  7,  30,  48,  77,  99 

president  of  council  of  war, 26 

his  reasons  for  declining  his  ofiice,      ...     80 
coramisdoncr  of  United  Colonies,      ...     99 


230 


GENERAL  INDEX. 


Bradford,  William,  and  others,  hire  Kennebeck  trade,    96 

William,  Jun.,  117,  118,  120,  129,  147,  150,  154, 

155,  157,  160,  162,  165,  169,  170,  177,  179, 

180,  185,  187,  193,  197,  198,  202,  203,  205, 

209,  211,  214. 

admitted  a  freeman, .101 

deputy  from  Plymouth, 115,135 

one  of  the  council  of  war,    .  117,  138,  153 

chosen  Assistant,    ....  134,  162,  187,  214 

captain  of  troop  of  horse, 174 

Mr., 37,  193 

Mrs.,  allowance  to,  for  providing  for  Court,     .  120 

Bradly,  Thomas,  inquest  upon, 39 

Braind,  William,  a  Quaker,  prosecuted,   ....  127 
Brayman,  Thomas,  his  estate  disposed  of,      ...    37 

Brenton,  Mr.,  his  rates, 202 

Brett,  Britt,  William,  216 

land  restored  to,   ...     .  ....     20 

grant  of  land  to, .     .  193 

deputy,  ....         214 

Bridge  at  Eel  River,  Sandwich,  Yarmouth,  and 

Barnstable  presented  for  not  building,     .     10 
Sandwich,  Yarmouth,  and  Barnstable  required 

to  build, 20,  22 

repaired, 193 

at  Joanes  River, 86 

to  be  repaired,  ...    13,  17,  69,  87,  176,  219 
at  North  River,  built  by  William  Barstow,  108, 

123,  192 

at  South  River,  presented, 69 

Bridgewater, 216 

totvn  officers,   .     .     .99,  116,  136,  163,  188,  215 

rates, 151 

incorporated, 101 

rates  apportioned  with  Duxbury, 106 

petitions  for  enlargement, 143 

centre  to  be  ascertained,      ...  ...  143 

militia  officers,      .     .  188 

bounds  to  be  settled, 193 

Briggs,  Clement, 164 

Jonathan, 133 

takes  oath  of  fidelity,      ....  .     .  117 

his  choice  of  guardian, 107 

complaint  against  AVilliam  Hailstone,     .     .     51 
judgment  and   execution  against  William 

Hailstone, 90,  103,  105 

Mary,  presented  for  lying,  ...  .     .  159 

Matthias, 78,  92,  215 

Thomas,  land  granted  to,        164 

Walter, 159,  162 

Robert  Sprout  against,    .  ....  133 

admitted  a  freeman, 137 

Mr.,  his  proportion  of  rate,     »    .  .201,  202 

Brooks,  Brookes,  Gilbert      ...  5,  49,  92,  149,  188 

admitted  a  freeman, .  137 

William,  admitted  a  freeman, .         .     .         .  137 


Browne,  Brown,  James, 222 

admitted  a  fi-eeman, 136 

John,  3,  4,  7,  13,  21,  30,  35,  37,  38,  43,  47,  52, 
65—67,  73,  77,  84,  89,  90,  93,  133,  199,  209, 
218. 

admitted  a  freeman, 136 

takes  oath  of  fideKty, 58 

chosen  commissioner  of  the  United  Col- 
onies,     30,  67,  77 

chosen  an  Assistant, 7,  30,  48,  77 

Ensign,  one  of  the  coimcil  of  war,   .     .     .        153 

John,  Jun., 222 

ensign  of  military  company  at  Rehoboth,    .     63 

Wilham, 110 

Mr., 189 

and  others,  licensed  to  make  a  pound,    .     .     86 

one  of  council  of  war, 26 

land  granted  to, 84 

to  inquire  into  complaints  of  Indians  at  Re- 
hoboth,      21 

to  prove  wills  of  inhabitants  of  Taunton,    .     74 

Browning,  John, 39 

drowned,  inquest  upon, 28 

Bryant,  John, 32,  42,  45,  66,  129,  188 

presented  for  exchanging  guns  with  Indian,    .     10 

propounded  as  freeman, 31 

admitted  a  freeman, 48,  77 

deputy  to  General  Court, 115 

Stephen, 48,  136,  163,  205 

propounded  as  freeman, 31 

admitted  a  freeman, 48 

Buck,  Bucke,  Isaac, 136 

complaint  against,  as  clerk  of  militia,     ...     89 
fined  for  not  shoeing  commissioners'  horses,    .     90 

fine  remitted, 106 

admitted  a  freeman, 137 

complaint  against,  as  constable, 161 

John, 70 

Buckland,  William, 100,  116 

Buckley,  Edward, 45 

BuUocke,  Richard, 158,  222 

Bumpas,  Edward, 70 

Burge,  Elizabeth,  divorced  from  her  husband,   .     .221 

Burgis,  Jacob, 191 

Joseph,  fined  for  rescuing  a  beast  attached,     .  168 

Thomas, 123,  124,  129 

deputy  of  Sandwich,  ...      49,  63,  187,  193 
his  claim  against  Sandwich  for  herrings,      .     70 

paid  for  services, 102 

land  granted  to, eg  167 

Thomas,  Sen., 84,  211 

land  granted  to, 194 

prosecuted  for  fraudulently  obtaining  land, .  208 

Thomas,  Jun., 43,  190,  211 

fined  for  refusing  to  aid  the  marshal,      173,  190 
punished  for  lewdness,    .         ...     221,222 


GENEEAL   INDEX. 


231 


Burman,  see  Boreman. 

Bume,  see  Bourne. 

Burrows,  Burrowghes,  Burrow,  Jeremiah,    .     .  28,  209 

drowned,  inquest  upon, 208 

settlement  of  his  estate, 202 

Bursley,  Thomas,  his  estate  divided, 201 

Burstell,  James,  .     .         ...         135 

Burt,  James, .49 

Richard, 136 

Butler,  Daniel,  prosecuted  for  rescuing  a  Qxiaker,  .  191 

Dorothy, 191 

and  Obadiah,  fined  for  attending  Quaker 
meeting, 200,206 

Thomas, 87,  130,  206 

fined, 158,  174 

and  wife,  fined  for  sundry  offences,    .     .     .  191 
Butterworth,  John, 188 

propounded  as  fireeman, 8,  78,  188 

Byrd,  Thomas,  deputy  firom  Scituate, 32 

Canoes,  regulations  respecting, 208, 209 

Osffpenter,  Joseph, 222 

Samuel, 215 

William, 48,  50 

deputy  of  Rehoboth, 99 

propounded  as  freeman, 188 

Carre,  John,  admitted  a  freeman, 136 

Carsley,  John,     ....  147 

Carew,  Carrew,  John, 99,  160 

Carver,  John, 148,  208,  215 

propounded  as  fi-eeman,    ~ 163 

admitted  a  freeman,  ...         188 

Robert, 10,  28,  33,  70,  72 

to  have  the  care  of  R.  Chambers's  goods,  .     88 

Cary,  Carye,  John,  land  granted  to, 216 

Casks,  making  regulated, 38 

Causumsett  Neck,         167,222 

ChadweU,  Richard, 73,  75,  175 

complaint  of  an  Indian  against, 175 

Chambers,  Robert,  his  estate, 88 

Chandler,  Chandeler,  Joseph,  fined, 213 

fined  for  refusing  to  aid  marshal, .....  226 
Chapman,  Ralph, 28 

discharged  from  keeping  ferry, 103 

, 94 

Charles,  an  Indian, 144 

Chase,  Mary,  found  dead,  inquest  upon,  ....  172 

William,  his  estate  settled, 172 

William,  Sen., 116 

presented  for  sundry  ofiences,  .     .         .     .    52 

William,  Jun., 74,  172 

sentenced,    .     .         74 

Chauncy,   Mr.  Charles,  Barstow  and  others,  ac- 
knowledgment to  him, 35,  46 

Chettenden,  Chetenden,  Isaac,    ....  78,  135,  215 

propounded  as  freeman, 7 

admitted  a  freeman,      .     .         30 


Chettenden,  Thomas, 92 

Child,  Childs,  Richard,  prosecuted  for  erecting  cot- 
tage at  Yarmouth, 212,220 

Chillingsworth,  Joane, 22 

Thomas, 76,  97,  102 

deputy  from  Marshfield, 9 

settlement  of  his  estate, 21,  45 

division  between  his  heirs  and  Arthur  How- 
land,    97,  102,  105 

Chipman,  John,  ...         9,  18 

Christopherson,  Cristerson,  Winlocke,  a  Quaker, 

sent  out  of  colony, 197,  199 

CisseU,  Richard, 41 

Clark,  Clarke,  Henry  and  Thurston,  presented  for 

neglecting  public  worship, 10 

admitted  a  freeman, 137 

Thomas,      .     .  15,  16,  23,  53,  63,  86,  87,  94,  120 

presented,    . 17,  75 

deputy  from  Plymouth, 79,  99 

loans  wheat  to  the  country, 106 

suit  against  Samuel  Jenney, 171 

suit  against  George  Barlow, 190 

Thurston, 79 

grant  of  land  to, 183 

Thurston,  Jim.,  presented  for  neglecting  pub- 
lic worship, 10 

William, 78,  163 

propounded  as  freeman, 31 

admitted  a  freeman, 48,  137 

suit  against  John  Washbume,  Jun.,  .     .     .  202 
Clerk  of  the  Court,  Nathaniel  Morton,  sworn,  .     .     16 

oath  of,  .     .     .         .60 

Cobb,  Edward, 210 

Henr)', 147 

deputy  from  Barnstable, .  9,  162,  187,  198,  214 

grant  of  land  to, 164,208,216 

John, 33,  40,  136,  188 

James  Rogers  against, 84 

Mary,  complaint  against, 210 

Coggen,   Henry,   his  children,  complaint  against 

Finney, 156,  160,  166 

John, 166 

his  choice  of  guardian, 161 

Coituite  Pond, 144 

Coituett  River, 68 

Cole,  Daniel, 115,  215 

deputy, 49,  63 

deputy  from  Eastham, 9 

licensed  as  retailer, 220 

Henry,  presented  for  pilfering, 47 

Hugh,  and  wife,  presented  for  lewdness,    .   82,  83 

James, 9,  15,  57 

presented  for  entertaining  townsmen,     .     .     17 
takes  oath  of  fidelity,      ...         ...     58 

licensed  to  keep  an  ordinary,    .  ...     38 


232 


GENEEAL   INDEX. 


Cole,  James,  allowance  of  money  to  him  to  fit  up 

his  house  for  an  ordinary, 166 

James,  Sen., 181,  196 

claims  goods  stolen  by  an  Indian, ....  179 
fined  for  selling  wine  to  an  Indian,    .     .     .207 

James,  Jun.,    .     .         100, 181 

Job,  deputy  from  Eastham,      ...  .60 

Collier,  CoUyare,  Jane,  Mrs., 177 

Wiffiam,  3,  6,  21,  27,  33,  55,  56,  62,  67,  71,  73, 
76,  77,  84,  87,  95—97,  99,  103,  104,  108, 
110,  111,  114,  117,  122,  124,  126,  128,  133, 
134,  147,  149,  150,  154,  155,  158,  160,  170, 
174^  177,  180,  185,  187,  195,  197,  198,  202, 
20'3,'2(fe,  211,  214. 
forty  pounds  jmid  him  by  the  government,  .  14 
an  Assistant,    .     48,  77,  99,  134,  162,  187,  214 

bound  for  Partrich's  estate, 134 

one  of  .council  of  war, 26,138 

a  servant  provided  for, 166 

complaint  against  Joseph  Prior,    .     .     .     .177 

licensed  as  retailer, 195 

Collimore,  Collymore,  Peter,      ...  ...     49 

summoned  to  answer,  &c., 4 

Colman,  Coleman,  Joseph, 92 

propounded  as  freeman, 31,  78 

Joseph,  Sen.,  admitted  a  freeman,     ....  137 

Colony  House,         14,  195 

Combe,  John,  .  98 

Commissioners  to  be  chosen  by  the  towns,    ...     53 
Commissioners  of  the  United  Colonies,  30,  67,  77,  99, 

115,  135,  162,  187 

their  powers  and  instructions, 26,  67 

they  determine  on  war  against  Ninnegret, .     .     67 
horses  provided  for,  ....  .  .     .     86 

expenses  of  their  guard, 108 

Committees,  see  Deputies. 

Conahasset,         13 

lands,  bounds  settled, .    27,  34 

to  be  divided, 18 

grant  made  to  the  proprietors  of,  .         .     .     53 

Hingham  concerned  in, 63 

Confederation,   writing    from   Massachusetts  con- 
cerning,             .         .   33, 43 

meeting  of  deputies  concerning,  .     .     .     .   62,  63 
instructions  to  commissioners,  ...   63,  67 

Constable,  oath  of,  .         .  59 

Constables,  8,  31,  48,  78,  99,  116,  135,  136,  163,  187, 

188,  215 

Cooke,  Cook,  Elizabeth, 37 

Francis, 169 

John, 65,  120 

deputy, ...    44 

deputy  from  Plymouth,  .     .    23,  31,  49,  79,  99 

his  complaint  against  Gilbert, 45 

John,  Jun.,  deputy, 63 

Josiah, 100,  129,  164,  215 


Cooke,  Josias,  deputy  from  Eastham,  49,  135,  162,  198, 

214 
his  settlement  with  Dean's  children,  ...     37 

land  granted  to, 123,  142 

Captain,  his  proportion  of  rates, 202 

Cooper,  John,  land  granted  to,  at  Saconeesett,  208,  216 

Thomas, 158,  163,  215 

deputy,    .         .         44 

deputy  from  Eehoboth,  .         ...  9,  32,  135 
propounded  as  freeman,  .  ...  .  163 

Deacon, .         213 

Cooper's  Island,  way  to,  laid  out, 34 

Copeland,  John, 124 

a  Quaker,  prosecuted, 127 

CornhiU,  Thomas, 41 

Cotochesett, 144 

Cottington,  Mr.,  his  complaint  against  Sabin,    .     .     13 

Council  of  war,  chosen,  and  powers,        .   26,  117,  138 

proceedings,     ....   28,  29,  54—58, 152,  153 

Country's  house, 14,  195 

Courts,  provision  made  for  their  expenses,    .     .     .120 

Coventery,  Jonathan,  prosecuted, 5 

CoxaU,  Joshua,  a  Quaker,  his  horse  taken  from 

him, 204 

Crimes:  adultery, 111,112 

abusing  ofiicers,   10,  68,  74,  75,  124,  125,  129, 

173,  221 

blasphemy, 190 

breach  of  peace, 168,  209 

breach  of  Sabbath, 47,  52,  150,  186 

courting  without  masters'  consent,    ....      5 

disturbing  church  on  Lord's  day, .     .    4,  111,  112 

drunkenness,  5,  22,  36,  129,  150,  168,  173,  200, 

206,  212,  221,  222 

fornication, 5,  6,  42,  47,  75,  82,  91 

harboring  servants, 224 

incest, 197,  199 

innholders  entertaining  townsmen,    ....     17 
trespasses  on  Indians,     .     .  74,  132,  175,  180,  192 

bujing  Indian  lands, 101,175 

selling  strong  liquors  to  Indians,  .     .  75,  150,  207 

mending  Indian  guns, 10 

lewdness,      11,  36,  75,  82,  97,  159,  210,  212,  221 
living  out  of  bounds  of  any  town,     .     .     102,  156 

extortion,    .     .  167 

selling  guns,  &c.,  to  Indians,  4.  6,  10,  36,  102, 119, 

137 

selling  guns,  &c., ^ 

lying,     .  45,  47,  52,  113,  129,  131,  159,  213,  223 

marrying  disorderly, 46,  206 

manslaughter, 73 

murder,  (person  acquitted,) 205 

neglecting  public  worship,  .     .  5,  10,  74,  124,  224 

pound  breach, 97 

rape  attempted, 36 

retaihng  liquors  without  license,  .     .     .     .    17,  28 


GENERAL   INDEX 


233 


Crimes :  refusing  to  take  oath  of  fidelity,   138,   140, 

154,  168,  176,  181 
refusing  to  aid  officers,  .  124,  158,  173,  213,  221 
refusing  to  serve  as  constable, ....  168, 174 
refusing  to  serve  as  grand  juror,  .     .     .     168,223 

rescuing  cattle, 168 

rescuing  Quakers  Irom  marshal,  ....  191 
reviling  religious  ordinances,  ....  4,  186 
seditious  writings  and  speeches,   129,   139,   175, 

188—190 

servants  running  away, 204 

slander,  23,  96,  127,  129,  150,  ISO,  205,  207,  223 
.stealing,  4,  5,  28,  36,  47,  72,  75,  82,'l77,  179, 

204,  209,  213 
suicide,   .  ....  .     .  213 

sweai-ing, 4,  91,  96,  199 

threatening  speeches,      .  150,  173,  181 

town  raters  neglecting  their  duty,     .  .  97 

towns  not  having  stock  of  powder  and  arms,  5,  6, 

82 
towns  not  repairing  ways  and  bridges,     17,  69,  82 
towns  not  having  pounds,  stocks,  and  whip- 
ping posts, 28,  36,  82 

towns  not  choosing  military  officers,  .     .     36 

towns  not  pro'S'iding  standards  for  measures,  52,  82 

trespasses  on  goods,  .  5 

usury, .  .75 

women  abusing  their  husbands,    .  .  .75 

Crispe,  George, 101 

Crocker,  Croocker,  Francis,  propounded  as  free- 
man,          163 

William, .49,83,115,215 

propounded  as  freeman,  .  ...  .8 

Cromwell,  Oliver,  Lord  Protector, 223 

Grossman,  Crosman,  Robert,      .  .  ...     40 

punished  for  simdry  offences,  .     97,  118,  132,  224 

Crow,  Elverton, .  100 

propounded  as  freeman,  .  ...        101 

admitted  a  freeman,  .  .  .  .     .  117 

John, .  135,172 

William, 72,  73,  215 

Cudworth,  James,  23,  33,  55,  56,  64,  92,  96,  98,  99, 
103—105,  108,  114,  117,  122,  123,  126,  128, 
133,  134,  139,  148,  161,  166,  172,  180. 
deputy  from  Scituate,     .   8,  23,  44,  49,  63,  79,  99 

an  Assistant, 99,114 

captain  of  military  company  in  Scituate,     .     .     14 

one  of  council  of  war,    .  26,  28 

fined  fon  absence  as  deputy,     ....  52 

commissioner  of  the  United  Colonies,  77,  99,  115 
cashiered  for  encouraging  Quakers,  .     .  130 

not  allowed  to  be  a  deputy, 162 

prosecuted  for  encouraging  Quakers,  .  .  .183 
disfranchised,  and  afterwards  restored,  .  .189 

prosecuted  for  seditious  writings,  .     188,  198,  199 

his  bonds  cancelled, 198 

VOL.   III.  30 


Cudworth,  Mary, 220 

counterfeit  man-iage  of, 209 

fined  for  disorderly  marriage, 206 

Mr., 94 

Curtis,  Edward, 163 

Richard, 92 

admitted  a  freeman, .  137 

William,  admitted  a  freeman,  .     .  137 

CushenaK, 186,  202 

his  proportion  of  rates,  ....  201 

Cushman,  Thomas, 98 

Cutbert,  [Godbertson,]  Samuel,  suit  of  James  King 

against, 42 

vs.  Edward  Gray,      .         ...         ...     70 

Damman,  John, .  .  92 

propo'mded  as  fi-eeman, 8,  78 

presented  for  trespass,    .     .  47 

Darbey,  John,  complains  against  Mashantampaine,      91 
administration  of  his  estate,     .  ...  96 

widow,    ...  .         96 

Dartmouth,  rates,    .     .  .19 

Davis,  Davice,  Dolar, 9,  48 

James,    ...  .     .  .  106 

John, 101 

Nicholas, 185 

presented  for  fornication, 6 

his  house  searched  for  seditious  papers,  .        173 
Robert,  propounded  as  fr-eeman,  ...  .  163 

Simon,  inquest  upon, 146 

William,  takes  oath  of  fidelity,     .  ...     58 

Day,  WilUam,  inquest  upon, 213 

Deane,  Dean,  John,  48,  115,  122 

Stephen,  his  children's  portions, 37 

Delano,  Delanoe,  Delanoy,  Dellanoy,  Edward,  125,  126 

PhiKp, 62,  76,  138,  188 

Dennis,  Denis,  Robert,  .     .     73,  75,  91,  146,  172,  200 

to  divide  William  Chase's  estate, ....        172 

his  attachment  against  William  Norkett,    .     .174 

Deputies  of  the  several  towns,  8,  23,  31,  49,  79,  99, 

135,  162,  187,  214 
reqmred  to  make  preparation  for  war,  ...     23 
Deputy  Governor  to  be  appointed  by  the  Govern- 
or,       7,30 

Deputy  marshal,  see  Under  marshal. 

Dexter,  Thomas,  61,  62,  66,  145 

Thomas,  Sen.,  ....     9,  27,  73,  75,  162,  200 

admitted  a  freeman, 136 

controversy  with  Barnstable, 108 

Thomas,  Jun., 10,  115 

suit  of  Robert  Ransom  against,    ....     63 

ensign  of  Sandwich  company, 80 

Mr.,  commissioned  to  redress  wrongs  of  In- 
dian,      132 

Mr.,  Sen.,  bormds  of  his  lands  to  be  settled,  .    41 
Dier,  Maiy,  persons  prosecuted  for  bringing  to 

Plymouth, 178 


234 


GENERAL  INDEX. 


Dillingham,  Edward, 32,  78,  153 

presented  for  abusing  an  officer,  .     .         .     .  124 

Henry, 61,  62 

fined  for  several  offences,      ....     168,  191 
liis  wife  fined  for  attending  Quaker  meet- 
ing, .     .  200 

John, 32 

Mr.,  to  redress  the  wrongs  of  an  Indian,    .     .  132 

Dingley,  John, 28,  YO,  72,  78 

Uoane,  Done,  John,     .  .     .  200 

deputy, .44 

deputy  from  Eastham, 24,  32,  162 

land  granted  to, 123,  142 

John,  Jun., 215 

Dodson,  Dudson,  Anthony, 49 

Doggett,  Doghed,  Doghead,  John, 135 

Thomas, 45,  97,  100,  148,  217 

his  bounds  settled,      ....   62,  90,  98,  105 
Dotey,  widow,  suit  agamst  Thomas  Lucas,    .     .     .110 

Doughty,  James, 136 

Drayton,  Draiton,  Dreyton,  Henry,     .     .     .     .27,  104 

settlement  of  his  estate, 4 

inquest  upon,    .     .         ' .     .  70 

Dunham,  Benajah,  presented  for  an  assault,  ...     97 

John, 223 

John,  Sen., 16,  129,  142,  169,  210 

deputy, .         .63 

deputy  from  PljTnouth,  8,  31,  49,  79,  99,  162, 

187,  198,  214 
complaint  against  Plymouth  raters,    .     .     .  179 

John,  Jun., 215,  217 

land  granted  to,  164,  216 

Jonathan, .     .         .     .  162 

admitted  a  freeman,  .     .  .     .  117 

Joseph,  admitted  a  freeman,    ....  .  137 

presented  for  lewdness,   ...  ...  2 10 

Samuel, 16,  27,  109,  115 

Dutch  at  Munhatoes,  expedition  against,       29,  53 — 57 
Duxbury,  DuxbuiTow, .     .    4,  25,  50,  85,  86,  106,  197 

deputies, 9,  23,  31,  79,  170 

soldiers, 29,  68,  91 

town  officers,  8,  9,  31,  32,  48,  49,  78,  79,  99,  100, 
116,  135,  136,  163,  187,  215 
rates,      ...     14,  19,  34,  51,  54,  150,  151,  219 
presented  for    not    repairing    Joanes    River 

bridge, , 17 

presented  for  want  of  pound,  stocks,  &c.,      28,  82 

mihtary  officers, .     .  68, 143 

sun'eyors  of  highways  presented,     ....     82 
new  plantation,  made  a  township  by  the  name 

of  Bridgewater, 101 

apportionment  of  rates  with  Bridgewater,  .        106 

Namassakeesett  annexed  to  it, 133 

land  granted  to  the  town, 193^  209 

Eames,  Aimes,  Anthony,  .         .  46,  63,  102,  120,  217 
propounded  as  freeman, 8 


Eames,  Anthony,  admitted  a  fi-eeman,      ....     30 

deputy, 44,  63 

deputy  from  Marshfield,  32,  49,  80,  99,  115,  135, 

214 

one  of  the  council  of  war, 117 

Mark, 10,  73,  75 

propounded  as  freeman, 8 

admitted  a  fi-eeman, 30 

Ensign,  one  of  the  council  of  war,    .     .     .     .153 

ensign  at  Marshfield, 80 

Justice,  receives  from  Thomas  Doged  his  wife's 

portion, 217 

See  Aimes. 
Eastham,  ....    15,  17,  26,  33,  50,  53,  85,  86,  96 

deputies, 9,  24,  32,  80,  170 

town  officers,  8,  9, 31,  33,  48,  50,  78,  79,  100,  101, 
116,  136,  163,  188,  215 

rates, 14,  19,  34,  51,  54,  150,  219 

soldiers, 29,  68,  92 

miKtary  officers, 74 

town  presented  for  want  of  a  pound,     ...     82 
bounds  of  town,  next  Yarmouth,      ....   165 

lands  granted  to  the  inhabitants, 194 

Eaton,  Samuel, 18 

punished  for  stealing, 4 

Goodwife, 18 

Eddy,  Eedey,  Elizabeth,  presented  for  travelling  on 

Lord's  day, 186 

John, 223 


Obadiah, 


190 


Samuel,  land  granted  to, 164 

Edson,  Samuel, 160 

Eel  River  bridge,  see  Bridge. 

Eldredge,  Eldi-ed,  Robert, 116 

takes  oath  of  fidelity, 117 

WiUiam,  100 

Elections,  see  Governor,  &c. 

Ellis,  EUice,  John, 6],  62 

lieutenant  of  Sandwich  company,      .     .     .     .     38 

hcensed  to  keep  an  ordinary, 161 

oil  restored  to  him, .     .   182 

to  train  Sandwich  military  company,  .  .  .188 
Lieutenant,  presented  for  tumultuous  conduct,  130 

Elmes,  Elms,  Rodulphus, 92,215 

propounded  as  freeman, 7 

admitted  a  freeman, 137 

fined  for  attending  Quaker  meeting,      .     200,  206 

Elson,  Thomas,  .     .         100 

England,  seditious  letter  sent  to,     ......     .  188 

Ensigne,  John,  his  choice  of  guardian,     ....  148 

Thomas, 92,  100,  148 

propounded  as  freeman, 7,  78 

John  Hoare's  complaint  against,    ....     35 

Ewell,  Henry, ne 

admitted  a  freeman, 117 

Ewer,  John,  administration  of  his  estate,      ...     15 


GENERAL   INDEX. 


235 


Ewer,  Mar)', 15 

Thomas, 138,  181 

excluded  from  Sandwich,  .     .     .     153,  154 

punished  for  sedition, 175 

fined  for  not  taking  oath  of  fidehty,  168,  176, 

191 
Exportation  of  provisions  prohibited,  ....         29 

Falland,  Fallan,  Thomas, 79 

deput)', 115 

PaUoweU,  FaUowed,  Gabriel,      .     .    78,  109,  185,  223 

Fast  day  appointed, 151 

Faunce,  John,  administration  of  his  estate,   ...     46 

Patience, 46 

Ferrj-  at  Xorth  River, ...  103 

Fines  appropriated  to  raise  a  troop,     .     .     .     158,  159 
Finney,  John,  50,  61,  62,  73,  75,  115,  156,  160,  188, 

216,  217 

land  granted  to,  at  Saconeeset, 217 

John,  Sen.,  surrenders  Henry  Coggen's  lands,  166 

Robert, 9,  64,  79,  142,  206,  215 

deputy  from  Plymouth,  115,  135,  162,  187,  198 

fined  for  not  serving  as  juror, 42 

Fipps,  William, 141 

First  bom  children,  grant  of  land  to,  .     .     .     215,  216 
Fish,  John,  ■  .  .         .  ...  163 

Jonathan,     ...  .  8 

Nathaniel, .     .  135 

fined  for  abetting  an  unruly  servant,  ...     64 
fined  for  refusing  to  aid  the  marshal,  .  213 

Fitch,  John, 79,215 

Foard,  WiUiam, 116,208 

admitted  a  freeman,  ....  ...       7 

William,  Sen., 136 

William,  Jun.,  admitted  a  freeman,  ....  136 

Forbes,  Vobes,  John, 160,  195 

widow,  land  granted  to, .  195 

Foster,  Richard,      .  ...  .     .  .     .  127 

Foxwell,  Mary,   ....  .82 

Francis,  Indian  sachem,     .     .  .  ...  142 

Freeman,  Edmund,      ...  .         .     .  96,  167 

Edmund,  Sen.,      .  97 

Edmimd,  Jim.,  fined  for  refusing  to  aid  the 

marshal,   ....  173 

EKzabeth, 191 

John,  .     .         .     .         33 

deputy,    .  ....     63 

one  of  the  council  of  war,         .  ...  153 

admitted  a  freeman,         .     .  7 

deputy  from  Eastham, 99,  214 

ensign  of  military  company, 74 

lieutenant  of  troop  of  horse,    ....        174 

Samuel,  admitted  a  freeman, 137 

Mr., 62 

and  others,  to  pay  Indians  for  com  injured,     89 

Freemen  propounded,  .     .     .    7,  31,  78,  101,  163,  188 

admitted,     7,  30,  48,  77,  101,  117,  136,  137,  188 


Freemen,  allowed  further  time  to  seek  out  lands,  .     84 
their  admission  regulated,  ....  .     .  101 

whole  body  of,  appeared  and  enacted  laws,      .  115 
vote  of  towns  against  their  being  aU  sum- 
moned,      174 

French,  Richard, .161 

recognized  to  appear,  cfec, 161 

Hepzibah  Andrews  vs.,       ■         .    .         165,  176 

Fuller,  Matthew, 47,  147 

one  of  the  council  of  war, 163 

propounded  as  freeman, 8 

lieutenant  of  Barnstable  company,    .     .     .     .     17 

deputy  fi'om  Barnstable, 24 

admitted,  &c., 31 

takes  oath  of  fidelity,     ....  .     .     26 

presented  for  seditious  speeches, 150 

land  granted  to,  at  Saconeeset, 216 

lieutenant  in  expedition  against  the  Dutch,     .     55 

Robert, 10,  158,  213 

propounded  as  freeman, 8,  78 

Samuel, 49,  70,  83 

Samuel,  Jun.,  propounded  as  freeman,  .     .  8 

admitted  a  freeman,    ...  ....     30 

goods  of  William  Pitman  delivered  to,  .  .  72 
and  others,  suit  against  Joseph  BiUington,  .  127 
land  granted  to,  at  Saconeeset,      .     .     208,  216 

Gage,  Thomas, 64,  136 

presented  for  breach  of  Sabbath, 47 

Gannet,  Matthew, 115 

admitted  a  freeman, 137 

Thomas,  administration  of  his  estate,     ...     88 

Garrett,  Mr.,  .     .  157 

Gaunt,  Lydia, 221,  222 

Peter, 74,  204,  224 

fine  remitted  to,     .     .     .  ....  209 

fined  for  attending  Quaker  meeting,  .     130,  200 
recorded  for  harboring  Quakers,   .     .     .     .213 

Goodman,  ....         190 

Gibbs,  Thomas,  .  163 

Gifibrd,  William,     .     .  ....  138,  154 

fined  for  abusing  the  marshal, 173 

fined  for  not  taking  oath  of  fidelity,       .     191,  201 
fined  for  attending  Quaker  meetings,     .     .     .  200 

Gilbert,  Gllber,  Thomas,  deputy  from  Taunton,      .       9 
complaint  against,  as  an  appraiser,    ...   42,  45 

his  servant  provided  for, 46 

Thomas,  Jun.,  complaint  against,      .     .     .     .119 
Mrs., 132 

Gilpin,  Anthony,  administration  of  his  estate,    .     .     83 

Glasse,  James,  drovraed,  inquest  upon,     ....     16 

Gleghome,  James, 93 

and  his  wife,  presented  for  fornication,  ...     75 

Godbertson,  Godberson,  Godbersom,  Godbert,  ex- 
ecution of  Isaac  Allerton  against,  ...     98 
See  Cuthbert. 

Goodspeed,  Roger, 5 


236 


GENERAL   INDEX. 


Gorham,  Gorum,  John, 60,  157 

deputy  from  Yarmouth, 23 

receipt  given  to,  for  oil, 86 

presented  for  lewdness, 97 

Government  House,  14,  195 

Governor  chosen,  7,  30,  48,  77,  99,  114,  134,  162,  187, 

214 

compensation  of  the, 51,218 

and  magistrates,  accommodations  for,    .     121,  139 
Grand  jurors  chosen,  9,  32,  49,  78,  100,  115,  135,  162, 

188,  215 
their  special  inquiries,  &c., .     .    41,  47,  69,  82,  97 

refuse  to  be  sworn, ...  121 

how  paid, 143 

Granger,  John, 28 

found  dead,  fact  presented  by  grand  jury,  .  97 

administration  of  his  estate,     ....         .98 

Gray,  Edward, 110,  127 

suit  of  Samuel  Cutbert  against, 76 

claims  goods  stolen  by  an  Indian,      .     .     .     .179 
Joseph,  to  be  assisted  by  Taunton,    .     .     132,  134 

Green,  Joseph,    .  .  29 

land  granted  to, ....  201 

Greenfield,  Thomas, 115,  138 

excluded  from  Sandwich, 153 

prosecuted  for  bringing  Mary  Dyer  to  Plym- 
outh,    178 

Gurnet's  Kose, 16 

Haddaway,  John, 157 

Hailstone,  William, 66,  133,  161 

Jonathan  Briggs  vs., .     .     .  51,  90,  103,  105,  107 

fined  for  not  serving  as  juror, 11,  131 

Hall,  Edward, 66,  158 

attachments  against,  .     .     .     .  .     .  20,  21,  34 

George, 122 

John,  33,  83,  88,  115,  172 

Samuel, 83,  88 

Hallett,  Hallott,  Hellot,  Hollet,  Andrew,  100,  136,  155, 

172,  188 
John,      ....  ...  49,  102,  136 

contract  ivith  his  servant,     .         ....  220 

admitted  a  freeman, 137 

Josiah, 64 

presented  for  breach  of  Sabbath,  ....    47 
HaUoway,  Hallowell,  Hallowey,  Halway,  Grace,     .     45 

Timothy,  .         .     .' 182 

presented  for  an  assault,  &c., 102 

WiUlam,  settlement  of  his  estate,     .     .     .22,  45 

widow,    ....         45 

Hamblen,  James,  .  115,  147 

Hammond,  Hamnion,  Benjamin,     ...         .     8,  75 
Hanmore,  John,  admitted  a  freeman,  ....        137 

Harding,  Joseph,  presented, 10 

Harlow,  William, 32,  100,  215 

propounded  as  freeman, 31 

admitted  a  freeman, 48 


Harper,  Robert, 138 

fined  for  not  taking  oath  of  fidelity,  154,  168,  176, 

181,  191,  201 
and  wife,  fined  for  attending  Quaker  meeting,  200 

Harris,  Ai-thur, 116,  160,  163,  216 

admitted  a  freeman, 137 

land  granted  to, 193 

Harvey,  WilKam, 78,  188,  215 

propounded  as  freeman, 31 

admitted  a  freeman, 101 

Hatch,  Abigail,        114 

Jeremiah, 92,  115 

admitted  a  freeman, 137 

Jonathan,         61 

complaint  against, 138 

presented  for  fhmishing  a  gun  to  an  In- 
dian,     6 

Phebe, 114 

Thomas, 174 

Walter, 48,  75 

admitted  a  freeman, 137 

William,  estate  settled, 114 

Hatch's  Island,  ways  to,  laid  out, 34 

Hathaway,  Hatherway,  Hatheway,  Arthur,  42,  100,  202 
petitions  for  lands  of  John  Barnes,    ....     76 

admitted  a  freeman, 137 

Hatherley,  Hatherly,  Timothy,  3,  4,  7,  13,  17,  18,  20— 

22,  25,  30,  37—39,  41,  43,  47,  51,  55,  56,  62, 

67,  73,  76;  77,  81,  84,  87,  89,  90,  92,  95,  96, 

99,  103,  108,  111,  114,  117,  122,  123,  128, 

133,  134,  139,  159. 

one  of  the  council  of  war,  .     .  ...     28 

an  Assistant,    ...     7,  30,  48,  77,  99,  114,  134 

to  have  the  care  of  Scituate  military  company,     1 1 

one  of  the  council  of  war, 26,  138 

to   marry  persons,  and  administer   oaths,  at 

Scituate, 152,  166,  192 

lands  granted  to,  and  laid  out,  .     52,  53,  103,  165 

Haward,  John, 116 

John,  Sen., .     .  160 

John,  Jun., 215 

Nathaniel,    ....  ...  .160 

Thomas,  admitted  a  freeman, 137 

Thomas,  Sen., 49 

land  granted  to, 193 

Thomas,  Jun., 135,  160 

See  Heward. 

Hawes,  Edmund, 96,146,163,171,173 

deputy  for  Yarmouth,  32,  44,  49,  63,  79,  99,  115, 
135,  170,  187,  198,  214 
John,  indicted  for  murder,  and  acquitted,  .     .  205 
Hawkes,  Lodowiok,  fined  for  refusing  to  aid  mar- 
shal,      221 

Hawkins,    Job,    petitions    for    land   of   William 

Hohnes, 51,  131 

Hawthorne,  Major, 189 


GENERAL   INDEX. 


231 


Hedge,  Hedges,  William,     .     10,  40,  61,  62,  162,  172 

one  of  the  council  of  war,  .         153 

presented  for  several  offences, 17,  150 

ensign  of  Yarmouth  company, 38 

to  exercise  Yarmouth  company, 87 

captain  of  Yarmouth  company, 169 

Heward,  John, 16 

See  Haward. 

Hewes,  John, 28,  163 

John,  Sen., 9,  32 

Hicks,  Hickes,  Ephraim,  .settlement  of  his  estate,  .  202 

the  younger, 217 

Lydia,  fined  for  attending  Quaker  meeting,    .  200 
Margaret,  to  have  the  improvement  of  her 

late  husband's  estate,  .     .  202,  203,  217,  218 
controversy  with  Samuel  Hickes,  .     .     206,  217 

Robert,        217 

one  of  the  purchasers  of  Cushena,  &c.,  .     .  186 
Samuel,  15,  16,  48,  100,  109,  186,  196,  200,  205, 

206,  217,  218,  223 

his  goods  attached,     .         169 

Thomas, 37 

deceased,  his  estate, 37 

\\idow, .     .     37 

Hide,  Nicholas, 66 

fined, 4 

Hieland,  Thomas,  Sen.,  and  Thomas  Hieland,  Jun., 
acknowledgment   to   Mr.    Chauncy   and 

others, 46 

Hifemey,  AVilham, 220 

Hi^ins,  Higgens,  Higges,  Richard,     .      129,  175,  195 

deputy, 44 

deputy  from  Eastham,   32,  78,  115,  135,  187,  198 

land  granted  to,    .     .  123,  142 

Highway,  see  Way. 

Hincldey,  Hinkley,  Samuel, 101,  116 

land  granted  to, 164,  208,  216 

Thomas,  61,  62,  64,  66,  73,  75,  94,  129,  144,  150, 
154,  155,  157,  160,  162,  170—172,  180,  187, 
193—195,  197,  198,  201,  205,  208,  214,  221, 
222. 

one  of  the  council  of  war, 153 

deputy  from  Barnstable,  24,  44,  49,  63,  80,  155, 

170 

land  granted  to, 164 

an  Assistant, 134,  162,  187,  214 

town  clerk  of  Barnstable,  ...  .63 

magistrate  of  Barnstable, 118 

one  of  council  of  war,     .  .     .  .     .  138 

lands  granted  to, 164,  216 

and  Nathaniel  Bacon,  to  purchase  all  the 
land  they  can  of  the  Indians,     .     .     .     .216 

Mr., 86,  139,  156,  175 

Hinksman,  Edmund, 28 

Mr., 34 

Hingham,  lands  of,  at  Conahassett,      .     .  .63 


Hoar,  Hoare,  Hore,  Hezekiah, 49,  1 16 

ensign  of  company  in  Dutch  war,      ....     29 

propounded  as  freeman, 31,  78 

John, 35,  92 

his  petition  concerning  Conahasset  lands,  18,  34 

propounded  as  freeman, 8 

Richard, 172 

Hobson,  Henry,  suit  againt  Philip  Pointing,      .     .182 
prosecution  against  him  for  illegally  marrying 

persons, 209, 220 

Hog  Island,  controversy  about, 142,  157 

Holder,  Christopher,  a  Quaker, 127 

prosecuted, 123,  124,  213 

Holman,  Edward,  64 

warned  not  to  visit  Martha  Shrive,   ...      6,  37 
punished  for  drunkenness,  .     .     .     .36,  222,  224 

John  Barnes  vs.,        126 

fined  for  lying, 129 

fined  for  harboring  Barnes's  servant,     .     .     .  224 
Holmes,  WilKam,  his  land  claimed  by  Job  Haw- 
kins,    .     .     .     ; 51,  131 

admitted  a  freeman, 136 

complaint  against  Dinah  Silvester,     205,  207,  211 

Goodmfe, 211 

Hopkins,  Mr.,  his  house  taken  for  use  of  colony,    .     14 
Horses  found  on  the  countiy's  lands  to  be  seized,  .  222 

Hoskins,  Hoskine,  WiUiam, 49,  210 

land  granted  to,    .     .     .  194 

his  bond  to  account,  &c., 209 

House,  Samuel,  ...  ....     10,  32,  164 

House  of  correction, 137 

Howell,  Thomas,  his  estate, 3,  11,  14 

Howes,  Joseph, 215 

propounded  as  freeman, 78 

admitted  a  fi-eeman, 117 

Thomas, 49,  195 

deputy  from  Yarmouth,  9,  32,  135,  162,  187,  198, 

214 

Thomas,  Sen., 207 

Mr.,        .     .     .  ....   17,  113,  146 

Howland,  Arthur,        49,  72,  98,  126 

his  bounds  settled,      62,  76,  90,  97,  102,  104,  105 
punished  for  sundry  offences,  124,  125,  129,  139, 

224 

Henry, 32,  94,  100,  115,  129 

fined  for  harboring  Quakers,     .      186,  201,  224 

disfranchised, 167,  176 

prosecuted  for  stopping  highway,  .     .     .     .186 

John,      ....         71,  87,  116,  129,  169,  219 

admitted  a  fi-eeman,    ...         ....  137 

deputy  from  Plymouth,  8,  31,  44,  49,  63,  79, 

99,  135,  170,  214 

land  granted  to,  at  Saconeesett,     .     .     .     .216 

John,  Jr., 72,126 

Zoeth,  a  Quaker,  prosecuted,  .     .      125,  126,  129 
Mr., 86 


238 


GENEEAL   INDEX. 


\  Huchin,  Robert,  a  Quaker,  prosecuted,    ....  124 

Huckens,  Thomas, 78,  116,  163,  200 

admitted  a  freeman, 7 

licensed  as  retailer, 22 

prosecuted  for  abusing  a  servant, 61 

Hudson,  Ann, 97 

John, 97 

Hughes,  Emanuel,        58 

Cross, ....  108 

HuU,  Blanch,  fined,      .  97 

Trustrum, Ill,  113,  147,  215 

admitted  a  freeman,         ...  .  .7 

his  controversy  with  Thomas  Bourne,     .     .  208 
complaint  of  John  Willis  against  his  wife,  .       5 

Hunt,  Edward, 99 

John, 125,  126 

and  Samuel,  their  testimony  against  Qua- 
kers,    ...  125 

Peter,         100,  120,  129,  133,  142,  158,  180,  222 

deputy,    .     .         .  63 

deputy  from  Rehoboth,  24,  49,  80,  187,  198, 

214 
Keutenant  of  Rehoboth  company,  ...  63 
one  of  the  council  of  war,    ...  .     .  153 

Samuel,  .  126 

Lieutenant, 213 

Goodwife,  her  estate  settled,    .     .  .     .  202 

Impressed  soldiers,  released, 38 

their  petition  for  indemnity, 41 

Impressment  of  soldiers  for  Dutch  war,    29,  39,  54,  57 

of  vessels  for  Dutch  war, 29,  57 

of  soldiers  for  war  against  Ninnegret,    .  .68 

Inns,  see  Ordinaries. 
Indian  grant  of  lands  to  Barnstable,         .     .     137,  138 

to  Yarmouth,   .  145,  146 

Indian  lands  at  Sepecan  to  be  purchased  by  PljTn- 

outh, 84 

William  Nicarson  fined  for  bu)-ing  mthout 

Hcense,      ...  .         .  101 

purchased  by  Joseph  Rogers,        .     .  .        142 

purchased  by  William  Niokerson,  .     .        165 

persons  Kcensed  to  purchase,    .     .      123,216,217 
towards  Saconeesett,  to  be  bought,    .     .     .     .217 
Indian,  Janno,  complaint  of,  against  inhabitants  of 

Yarmouth,  .  .113,  114.  117 

Indian  Head  River,       ...  .     .     106, 209 

Indians,  trespasses  upon,  punished,  .  74 

complain  of  trespasses  on  theh  lands,  21,  106,  119, 

132,  167,  192,  222 
expedition  against  Ninnegret,  .     .     .   67,  91 

at  Manomet,  paid  for  injury   done  to   their 

corn, 89 

at  Manomet,  James  Skifie  to  purchase  land  of,  104 
at  Manomet,  land  purchased   of,  for   Josias 

Standish, 207 

paid  for  killing  wolves,  ...  .     .   50,  83 


Indians,  mission  to  Ussamequin,  to  request  him  to 
deKver  up  an  Indian  charged  with  mur- 
der,       133 

Wamsitta  applies  for  redress  for  wrong  done 

him  by  a  Narragansett  sachem,       .     .     .192 

powder  granted  to  Wamsitta, 192 

Wamsitta  called  Alexander  Pokanokett,     .     .192 
Sampson,  prosecuted  for  defaming  Governor 

Prence,  132 

Repent,  an  Indian,  punished  for  threatening 

the  Governor, 138 

prosecuted  for  steaKng, 90,  179,  209 

fined  for  taking  up  horses, 200 

prosecuted  by  Richard  Morris,     ....        148 
their  complaint  against  several  persons,  88, 175,  180 
Indian,  Janno,  see  Janno. 

Indian  names  :  Aquaquesett, 142 

Coituite  Pond,  in  Barnstable, 144 

Caucantawashuok, 209 

Masshantampaine, 90 

Cotocheset  Neck,  in  Barnstable, 144 

Mattahquesett, 142 

Moash, 144 

Nunnaquaquat, 181 

Pohkenonpamitt, 133 

Paupmunnucke, 144 

■    Pochassett, «...  181 

Quachevenett,       200 

Saquatam,    ...  200 

Wampeas, 175 

Waumpum,  144 

Ingram,  Ingeram,  Richard, 79 

Inquests  on  dead  persons,  15,  16,  28,  39,  40,  70,  71,  92, 
109,  146—148,  158,  159,  172,  195,  196,  208, 
213,  221—223. 

Irish,  John,  grant  of  land  to, 149 

Iron  worlvs  at  Taunton,  workmen  exempted  from 

training,    ...  ...     89 

lyde,  see  Jyde. 

Jackson,  Abraham,  .  ....  148 

admitted  a  freeman, 136 

Hugh,  estate  of, 15 1^  157 

Samuel, 46 

fined  for  drunkenness,     ...  ...  221 

Janno,  Joanno,  Janna,  his  grant  to  Yarmouth,  113,  114, 

117,  145,  146 

Barnstable  authorized  to  purchase  his  land,        201 

James,  William,  takes  oath  of  fidehty,      ....     58 

Jenkins,  Jenkens,  Edward, 92,  129,  135 

deputy, 115 

John,  ...  65,  116,  138,  154,  181,  188,  204 
fined  for  attending  Quaker  meeting,  .  .  .  200 
complaint  against  George  Barlow,      .     .     .183 

land  granted  to, 164,  208,  216 

excluded  from  Sandwich, 153 

fined  for  not  taking  oath  of  fidehty,  168, 176,  201 


GENERAL   INDEX. 


239 


Jenny,  Jeney,  Jenney,  Samuel, 116 

daughter  restored  to, 17 1 

Sarah,      .         171 

Johnson,  Hannah,  land_  granted  to, 182 

Humphrey, 49,  136,  149,  215 

propounded  as  freeman, 78 

admitted  a  freeman, 137 

fined  for  neglect  of  duty  as  rater,      ...     97 
suit  of  Nathaniel  Morton  against,      .     .     .175 

Thomas, 138 

William,      .         ' 195 

Sergeant, 102 

deputy  li-om  Scituate, 23 

takes  oath  of  fidehty,      .  26 

Jollop,  John,  propounded  as  freeman,  .  ...     31 

Jones,  Joanes,  Ralph,  fined  for  neglecting  pubKc 

worship,    ....  ....     124, 224 

Robert, 188 

Richard,  propounded  as  freeman,      .     .  .188 

Teague,  prohibition  to  him, 37 

his  controversy  with  Mashantampaine,    .    88,  90 

and  Thomas,  fined  for  drunkenness,  .     .     .  200 

Thomas,  ordered  to  leave  Taunton,    .     .     .     .131 

bound  to  appear  at  Court, 220 

Jones  River  bridge, .     .  65,  219 

See  Bridge. 

Jones's  River  Pond, 209 

Josbs,  an  Indian, 145 

Jourdaine,  John, 109 

Joyce,  John, 9,  32,  172 

Jyde,  Nicholas, 119,  158 

Keith,  John, 31 

propounded  as  freeman, 31 

Kekamewett, 192 

Kempton,  Kemton,  Ephraim, 9,  32 

deceased,  his  estate, 17,  108 

Ephraim,  Jun., 17 

Joanna, 108 

.    administration  of  her  estate, 114 

Manasseh, 17,  114,  218 

deputy,         ...  .     .  187,  198 

Kendricke,  Kenericke,  George,  .     .  .     .  50,  158 

Ivennebeck,  Kennebecke,  commissioner  appointed 

to  establish  a  government  at,     ....     43 
instructions  to  the  commissioner,      ...  44 

oath  of  fidelity  taken  by  the  inhabitants,  44,  57 
form  of  government,  and  code  of  laws,  .  58 — 61 
Thomas  Southworth  an  Assistant  at,      ...     75 

trade  leased, 13,  87,  95,  107 

towns  to  send  in  their  deputies  about,    .     .  168 

deputies  sent  in  relation  to, 194 

to  be  sold, 194,  195 

lease  surrendered, ...  ...     170,  171 

troubles  at,  among  Indians,     .     .      168,  170,  171 
votes  passed  respecting  the  trade,     ....  184 

1  recalled,     ......         ...  194 


ICerby,  Kerbey,  Hide, 93 

Richard, 96,  181 

excluded  fi'om  Sandwich, 154 

Richai-d,  Sen., 204 

a  Qualier,  fined, 4,  111,  200  ' 

Richard,  Jun., 138,  165,  204 

a  Quaker,  fined,      153,  168,  176,  191,  200,  201 

Sarah,  punished  for  several  offences,    96,  111,  112 

Kinge,  Samuel,  suit  against  Samuel  Cutbert,     .     .     42 

Thomas,  admitted  a  freeman, 137 

Knapp,  Knap,  Aaron, 40 

propounded  as  freeman,      .  163 

Knowles,  Richard, 30 

Lake,  Thomas, ....     88 

Mr., 103 

Lakenham,     .     .  .  ...  ....  194 

Latham,  Robert, 82,  143 

committed  for  trial,    ...  .  .  70 — 72 

indicted  for  manslaughter,  .  73 

found  guilty  of  manslaughter,  and  sentenced.      73 

Susanna,  presented,  82 

presented  for  abusing  servant, 143 

Launder,  Jane,    .  .     .  .     .  ....  112 

prej;ented  for  making  distm-banoe  in  meeting 

on  Lord's  day,        Ill,  112 

Thomas,.     ...  ...     66 

fined  for  fornication,   .  ....       0 

freed  from  pajdng  his  fine,  .  -.  .42 

Wilham, Ill 

Law  requiring  two  witnesses  to  condemn  a  man,    .  107 
Laws  revised  and  reenacted;  ....      115,  117,  129 
to  be  furnished  to  each  town,  .     .               .     .  143 
Lawson,  Christopher,  recognized  to  appear  and  an- 
swer,     88 

Ledra,  William,  required  to  leave  the  colony,  176,  178, 

184 
Lendall,  James  and  Mary,  settlement  of  their  es- 
tates,             22 

Leonard,  Lenard,  James,  presented, 176 

Philip,  presented,      .  .  176 

Lenerson,  Solomon,  ...  .  160 

Letters,  sent  to  England,  broken  open,         .  190 

Lettice,  John, 196 

Thomas,  propounded  as  freeman,      .  ..31 

admitted  a  fi-eeman,    ....  .  48 

his  -suit  against  Thomas  Pope, 173 

Leverett,  John,  Captain, 54,  55 

Leveridge,  Leverich,  William,  fined  for  exchanging 

gun  with  Indian,  .     .  .     .  36,  102 

Mr,, 194 

Lewis,  Lewes,  George,  his  claim  against  Gilpin's 

estate,  .     .  ....  ....     83 

admitted  a  freeman, 117 

James,  admitted  a  fi-eeman, 136 

John, 36 

indebted  to  John  Saffin, 74 


240 


GENEKAL   INDEX. 


Lewis,  Thomas,  admitted  a  freeman, 136 

Lightning,  James  Peirse  killed  by, 196 

Lincoln,  Linkcolne,  Thomas, 135 

Thomas,  admitted  a  freeman, 137 

Ling,  ]Mr.,  one  of  the  Merchant  Adventurers,   .     .191 

Linnet,  David, 11 

Loe,  Anthony,  fined  for  selling  pistol  to  Indian,     .  137 

Long  Island, 108 

Lothrop,  Laythrope,  Barnabas, 157 

John,  administration  of  his  estate,    ....     46 

Joseph, 78,  147 

propounded  as  freeman,  .  .  .78 

licensed  to  keep  an  ordmary, 38 

admitted  a  freeman, 101 

Marke, 136,  160 

Thomas, 100 

admitted  a  freeman, 101 

Mrs.,  ...  46 

Lucas,  Thomas, 110,  196,  223 

punished  for  drunkenness,  150,  173,  200,  206,  207, 

212 

fined  for  threatening  speeches, 181 

his  bonds  forfeited, 220 

Lumbard,  Abia,  presented,     ...  .  .75 

Lumbert,  Lumberd,  Barnard,     .     .     .17,  36,  118,  163 

ensign  of  Barnstable  company, 17 

Caleb,  prosecuted  for  swearing, 199 

Jedediah,  201 

Joshua, 157 

Ensign, 194 

Mary, 36 

Thomas,  Sen.,  complaint  against  his  son,    .     .  20 1 
Lumkin,  Lumpkin,  William,       ...      9,  50,  79,  162 

Lynnall,  David, 147 

Macy,  Masye,  George,  ....     32,  49,  79,  100,  132 

propounded  as  freeman, .     .     31 

admitted  a  freeman, 48 

Magistrates,  table  charges  of, 16,  51 

specially  appointed  for  remote  towns,     .     .     .  118 

provision  made  for,    ...  121 

Major  appointed,  his  commission  and  instructions,  149, 

152 
Man,  Richard,     ...  ...  .  92,  97,  98 

drowned,  inquest  upon, 92 

settlement  of  his  estate, 96,  98 

Mannamuch  Bay,  68 

Manomett,  Mannomett,     ....     89,  154,  167,  194 
lands,  to  be  purchased  for  Josiah  Standish,         217 

Marchant,  John, 64 

propounded  as  freeman, 8 

presented  for  abusing  Annis  PhilKps,     .     .   36,  41 
Marshal,  Samuel  Nash  chosen  and  approved,     .     .     12 

his  oath  and  fees, 11,  12 

allowance  made  to, 74 

for  Sandwich,  Barnstable,  and  Yarmouth,  .     .  140 
his  oath,  .  ...  ...        141 


Marshal,  see  Under  marshal. 

Marshall,     Robert,    judgment     against    Thomas 

Sowell, 222 

Marshfield, 25,  85,  86 

deputies,      ...         9,  24,  32,  33,  80,  170,  201 

soldiers, ..  29,  68,  92 

town  officers,  8,  9,  31,  48,  50,  78,  79,  100,  101, 
116,  136,  163,  188,  215 

rates, 14,  19,  34,  51,  54,  150,  219 

town  presented  for  not  having  powder,  .     .  5 

presented   for  want   of   stocks,   pound,   and 

whipping  post, 28,  82 

military  oificers, 80,  87 

church,  petition  to  raise  money, 81 

petitions  for  land,  and  petition  granted,      193,  209 

Marshpee  Pond, 68 

Martin,  John, 158 

Mashantampaine,  Masshantampaine,    .     .  .     .  132 

his  complaint  against  Teague  Jones,  .     .  .88 

accused  of  stealing, 91 

Mashpea  Indians,  complain  of  trespass,    ....  132 
lands,  taken  up  by  sundry  persons,  .     .     .85,  208 

Massachusetts,         216 

Path,.     .     .  168 

letter  sent  to  England  by  Deputy  Governor  of, 

broken  open, 190 

writing  received  from,  about  articles  of  con- 
federation,    .  33,  43 

letter  about  an  Indian  charged  ivith  murder,  .  133 

bounds  near  Soituate, 13,  74 

and  Plymouth  bounds, 166 

line  to  be  run, 166 

Massapauge  Pond, 164 

Mathews,  James, 48 

Mattacheese,  see  Yarmouth. 

MaxweU,  Clement,  .  40 

Maycomber,  William,  .     .     .33,  78,  91,  135,  188,  200 

Maj'field,  Clement, 9 

Mayne,  Ezekiel, 220 

fined  for  misdemeanor, 206 

Mayo,  John,  .  101,  136 

Nathaniel, 78,  136 

admitted  a  freeman, 7 

deputy  to  General  Court, 187 

Samuel, 5,  57,  109 

Measures,  standard,  wanted, 10 

Merchant  Adventurers, 191 

Merrick,  Merricke,  William, 135 

propounded  as  freeman, 7 

admitted  a  freeman, ...  137 

Merritt,  Henry,  administration  of  his  estate,  51 

John,  51,  100,  188 

Mitchell,  Michell,  Experience,    ....  62,  136,  163 

his  lands  at  Marshfield, 76 

fined  for  not  serving  as  juror, 168 

Military  affeirs,    .  .     .  23 — 26 


GENEKAL   INDEX. 


241 


Military  affiiirs.  company  at  Sandwich,     .   11,  138,  151 

company  at  Scituate, 11,89 

companies,  allowed  to  meet  together,     .     .     .138 

general  training,  .     .  166,  191 

oath  of  clerk  of,    ...     .  ....   41,  50 

watch  to  cease,      ....         .     .  .     .     38 

MiHtary  officers :   Bamstalbe, 17 

Bridgewater, ....        188 

Duxbm-y,     .     .  68,  143 

Eastham,  .     .     74 

JNIarshfield,  .  80,  87 

Pl}Tnouth,  169,214 

Kehoboth,   .  63 

Sandwich, 38,  80,  188 

Scituate,  14,  80 

Yai-mouth, 38,  87,  91,  143,  169 

Miller,  Joane,  presented  for  abusing  husband,    .     .     75 

John,  172 

admitted  a  freeman, 137 

Obadiah, 75 

Mr.,  presented  for  scandalizing  government,         10 

Moash, 144 

Morey,  Jonathan,  prosecuted, 127 

Moris,  Morris,  Adonijah, 93 

punished  for  trespass,     ...  .     .     74 

Richard, 164,  165,  181 

his  complaint  against  Indians, 148 

takes  oath  of  fidelity,      .     .  .  .     .  181 

Nuunaquaquat  Neck  granted  to,    .  .     .181 

Captain,  ...  ....  193 

Morton,  Ephraim,        .  .     .    16,  49,  129,  205,  218 

deputy  from  Plymouth,      115,  162,  187,  198,  214 

John, 15,  48,  109,  188,  196,  216 

lands  granted  to, 164,  217 

Nathaniel,  113,  119,  130,  131,  149,  161,  168,  172, 

210 
sworn  as  clerk  of  the  Court,     .     .  .16 

his  complaint  against  Johnson,      ....  175 

Thomas, .  .  32,  116 

admitted  a  freeman, 117 

Moses,  John, 32,  196,  223 

presented  for  frequenting  taverns,     .     .     .     .     17 

fined  for  drunkenness,         .  ...        222 

Muckenney,  Daniel,  fined  for  drunkenness,  .     .        168 

Naighbour,  Naighbore,  James, 8 

propounded  as  freeman, 31 

admitted  a  freeman,  .  ....         .48 

Namaskett, 159 

Namassakett,      ....  216 

Namassachesett  Ponds,  .  201 

Namassakeesett,  Namassackeesett.  Namassakesett,    10, 

168,  194 
annexed  to  Duxbury,  .  .  ...  133 

Narragansett  sachem,  land  sold  by, 192 

Nash,  Samuel,  one  of  the  council  of  war,     .     .     .  153 

marshal,       .     .  .     .     12 

VOL.    III.  31 


Nash,  Samuel,  deputy  from  Duxbury,      ...         23 

Marshal, 94 

Lieutenant, .     .         186 

Nelson,  William, 116 

propounded  as  freeman, 101 

admitted  a  freeman, 137 

presented  for  lewdness, 159 

land  granted  to, 216 

Newland,  Elizabeth, 113 

Jeremiah,  fined, .  168 

presented,     .     .  .     .  176 

John,      .     .  ....     138,201 

his  wife  prosecuted  for  attending  Quaker 

meeting, Ill 

not  to  suifer  Quaker  meetings  at  his  house,    113 
fined  for  not  taking  oath  of  fidelity,   168,  181, 

191,  201 
accused  of  blasphemy,     ....  .     .  190 

and  wife,  fined  for  attending  Quaker  meet- 
ing,     .  200 

William,  76,  123,  176,  204 

to  train  Sandwich  military  company,  ...     11 

fined  for  absence  as  deputy, 26 

prosecuted,  &c.,  for  harboring  Quakers,  123,  130, 

197,  213 
bound  for  daughter's  appearance,  &c.,  150,  154 
his  complaint  against  George  Barlow,     158,  191 

disfranchised, 167,  176 

warrant  to  search  his  house  for  papers,        .  173 
complaint  of  Indians  against,    ....        175 
and  wife,  fined  for  going  to  Quaker  meet- 
ing,       200 

fined  for  refusing  to  serve  on  a  jury,  .  .  224 

Newman,  Samuel,  propounded  as  freeman,   .     .        188 

Nicholson,  William,      .  28 

Nick,  an  Indian,  .     .  145 

Nickerson,  Nicarson,  William, 194 

deputy  from  Yarmouth, 79 

petitions  for  his  land, 120,  165 

presented  for  buying  land  of  Indians,    .     .     .101 
Ninnegrett,  Niantick  sachem,  expedition  against,  67,  91 

Norkett,  William, 174 

North  Eiver  bridge, 193 

See  Bridge. 
North  River  ferry,  ferryman  discharged,  ....  103 

ways  laid  out, 34 

Norton,  Humphrey, 124,  140 

a  Quaker,  prosecuted,    ...         .     .     123,  139 

his  railing  papers,      ....  .     .  149 

Nimnaquaquatt,  Nunnaquaquat,  Neck,  .     .164 

granted  to  Richard  Morris,     .     .         ...  181 

Nye,  Benjamin, 79,  135,  191,  215 

Oath  of  fidelity  to  be  administered,       41,  83,  117,  138 

secretary, 16 

town  clerk  and  clerk  of  mifitia, 50 

Sandwich,  Barnstable,  and  Yarmouth  marshal,  141 


242 


GENERAL   INDEX. 


Oaths  to  be  administered  to  all  pubKc  officers, 

OgiUlor,  David, 

Oil  due  to  the  colony,  .     .         ....     17 

Old  comers,  see  Purchasers. 

Ordinaries,  at  Barnstable, 

at  Plymouth, 38,  159, 

at  Rehoboth, .     . 

at  Sandwich, 

at  Scituate, ....  .     .         .     . 

keepers  at  Plymouth,  directions  to,  .     . 

Ordway,  Abner, ... 

Paddy,  WiUiam,      .     .     .24,  53,  65,  87,  94, 

his  demand  against  Edward  Hall's  estate, 

his  receipt  to  John  Gorum,  .     .     . 

Paine,  Payne,  Nathaniel,  ... 

Stephen, 103,  120,  129, 

deputy, 

deputy  from  Rehoboth,  9,  32,  49,  80, 

magistrate  at  Rehoboth, ... 

one  of  the  council  of  war,    .... 

propounded  as  freeman, 

Stephen,  Sen., 

Thomas,  admitted  a  freeman,   .     .     . 

Mr., 

Pakes,  Thankful,  drowned,  inquest  upon, 
WilUam,      .     .  .  .     . 

propounded  as  freeman, 

Palmer,  John,     .  .     .  

his  petition  for  land, 

presented  for  stopping  highway,  .     .     . 

Rebecca, 

Walter, 

William,  his  estate,         

Parker,  John,  takes  oath  of  fidelity,     . 

Robert,  propounded  as  freeman,  .  .  . 
Thomas,  takes  oath  of  fidelity,  .  .  . 
William,  .     .     .     .  8,  41,  74, 

deputy,  .... 

magistrate  at  Taunton,     .     .     . 

presented  for  extortion,  .     . 

fined  for  harboring  Quakers,     . 
Parliament  victories,  thanksgiving  for,      .     . 
Partridge,  Partrioh,  Patrich,  Patrick,  George, 

Ralph,  his  estate, .     .         

Paule,  Richard,  ... 

propounded  as  freeman,      .     .     . 
WiUiam,  .     . 

punished  for  adultery, 
ordered  to  leave  Taunton,    .     . 

Paupers,  &o., 

Paupmunnuck,  Paupmunnucke,      .... 
and  other  Indians,  grant  to  Barnstable, 
their  bounds  settled,    .     .     .  ,  . 


11,  12 

.  91 

,  86,  195 

.  .  38 
166,  181 

.  104 
159,  161 
.  .  123 
.  .  219 
52 
119,  142 
.  .  34 
.  .  86 

.  188 
168,  163 
.  44,  63 
99,  115, 
135,  162 
.  .  104 
.  .  138 
.  .  163 
.  .  222 
.  .  137 
.  .  119 
.  .  92 
.  .  92 
.  .  101 
69,  78 
112,  113 
.  .  164 
.  .   5 


.  45 
.  58 
.  163 
.  58 

122,  129 
.  135 
.  118 
.  167 
.  197 
5 

49,  200, 
215 
134 

.  9,40 

.  31 

122 

.  .  Ill 
.  131 

.  .  149 

143,  144 

and 

143,  144 


Paybody,  William,  73,   75,   120,   129,  186,   193,  201, 

204,  205,  216 

deputy, 63 

deputy  from  Duxbury,  79,  99,  115,  135,  162,  187, 

198,  214 

land  to  be  laid  out  by, 193 

land  to  be  viewed  by, 193 

Peace  between  England  and  Holland,  .     .  .     .    57 

Pearce,  WilHam, ...     28 

Peck,  Peoke,  John, 93 

propounded  as  freeman, 188 

presented  for  lewdness, 75 

Joseph, 32,  158,  213,  221 

propounded  as  freeman, 188 

magistrate  at  Rehoboth,      .     .         ...  104 
Joseph,  Sen.,  magistrate  at  Rehoboth,        .     .118 

Joseph,  Jun., 9 

Nicholas, 115,  120 

propounded  as  freeman,  .......  163 

admitted  a  fi-eeman, 117 

and  wife,  their  portion  of  their  father's  es- 
tate,     142 

Peirse,  Abraham,  presented  for  neglecting  public 

worship, 5 

lands  granted  to, 194,216 

Abraham,  Sen., 194 

James,  killed  by  hghtning, ....  195,  196 

Peirson,  Peter, 176,  178,  184 

his  mare  released, 197 

banished, 184,  203 

Perren,  John, .213 

PeiTy,  Perrey,  Anthony, 49,  158 

Edward. 32,  47,  64,  116,  138,  181 

fined  for  not  taking  oath  of  fidelity,  154,  168, 

176,  191 

fined  for  illegal  marriage, 46,  52 

fined  for  threatening  speeches, 173 

fined  for  kilKng  a  steer,        ....  173 

execution  of  Henry  Saunders  against,  .   179 

Ezra, 211,215 

executor  of  Sarah  Perry, 163 

Sarah,     .     .  163 

Perrum,  John,     .  158 

Phelps,  Thomas,      .         82 

Philij>,  Indian  sachem, 192 

Phillips,  Agnesse, 41 

Annis,     .  36 

John,  79,  116,  124,  125 

suit  against  Joseph  Rose,     ...  .     .     39 

propounded  as  fi'eeman, 163 

John,  Jun.,  killed  by  lightning, 148 

Thomas, 36,  41 

William, 33 

Pidcocke,  Pitcocke,  George, 4,  116 

fined,       .  .  4 

Pinchen,  Pincen,  Pinchin,  Thomas, 78 


GENERAL   INDEX. 


243 


-  Pinehen,  Thomas,  admitted  a  freeman,     ....  137 

Goodman, 5 

Pitman,  William,  presented  for  stealing,  .     .     .72,  73 

Pitts,  Peter, 78,  102,  136,  163 

admitted  a  freeman, 137 

Plymouth, 13,  15,  25,  50,  61,  85,  86,  219 

deputies, 8,  23,  31,  79,  170 

soldiers, 29,68,91 

town  officers,  8,  9,  31,  32,  48,  49,  78,  79,  99,  100, 
116,  135,  136,  163,  187,  215 

rates, 14,  19,  34,  51,  54,  150,  219 

licensed  to  purchase  lands  at  Sepecan,  ...     84 

lands  at  Punkateest, 165,  184 

land  at  Sepecan  to  be  bounded, 193 

lands  near  Rhode  Island  to  be  boimded,    .     .  193 

military  oflBcers, 169,.  214 

ordinaries, 38,  159,  166,  181 

presented  for  not  having  standards  for  meas- 
ures,     52,  82 

presented  for  not  having  pound, 82 

presented  for  not  repairing  ways,      ...    17,  82 
presented    for    not    repairing    Jones    River 

bridge, 17 

powder  returned  to  the  town, 219 

raters  complained  against, 179 

and  Massachusetts  bounds, 166 

Pochasset,  Pochassett, 164 

Neck,  granted  to  Richard  Morris,    .     .     .     .181 

Pohkenonpamitt, 133 

Pointing,  Philip,  Henry  Hobson  vs., 182 

Pole,  William, 122 

Poole,  William,  one  of  the  council  of  war,    .     .     .  153 

Pompmo, 142 

Pope,  Thomas,  ....    9,  15,  109,  142,  159,  173 

sued  by  Thomas  Lettice, 173 

his  dispute  with  ShirtMe  about  bounds,    .     .169 
Powder,  belonging  to  the  country,  how  secured,  87,  120, 

151 

apportioned  among  the  several  towns,  ...     33 

spent  at  general  training,  &c.,  .     .  166,  191,  219 

Powell,  Jane,  presented  for  fornication,   ....     91 

Pratt,  Bathsheba, 108 

Benajah, 136 

admitted  a  freeman, 48 

Benjamin,  163 

propounded  as  freeman,  ....         .     .     31 

Joshua, .15 

administration  of  his  estate,     .  .     .  108 

Phineas,  land  granted  to, 145 

Prence,  Thomas,  6,  7, 13, 15,  17,  21,  30,  35,  38,  41,  43, 
46,  52,  55,  56,  58,  61,  66,  67,  73,  87,  89,  91, 
94—96,  99,  108,  114,  122,  128,  132,  134, 
142,  150,  152,  153,  155,  162,  170,  171,  175, 
180,  187,  197,  198,  205,  214. 
Governor,        .  .     .     114,  134,  162,  187,  214 

an  Assistant,    ...  .  7,  30,  48,  77,  99 


Prence,  Thomas,  one  of  the  council  of  war, .  .  26,  28 
president  of  the  council  of  war,  .  .  .  117,  138 
commissioner  of  United  Colonies,  30,  67,  77,  99, 

115,  135 
commissioner  to  Kennebec,  and  his  instruc- 
tions,    43,  44 

complaint  of  Hugh  Cole  against, 83 

one  of  lessees  of  Kennebec  trade,     ....     9c 

paid  for  services  at  Kennebec, 105 

guardian  to  Jonathan  Briggs, 107 

land  granted  to,  at  Satuckett, 217 

authorized  to  purchase  lands  of  the  Indians,  .  217 
Presentments  by  grand  jury,  5,  10,  11,  17,  28,  36,  41, 
47,  52,  69,  72—75,  82,  150,  158,  139,  168 
Press  warrants,  see  Impressments. 

Prior,  Joseph, " 178,213 

propounded  as  freeman, 163 

punished  for  several  offences,  .     .4,  177,  180,  213 

Prison  at  Plj-mouth  enlarged, 137 

Pi'otest  of  John  Watson, 112 

Punckatesett  Neck, 165 

lands,  granted  to  Plymouth, 165 

lands,  not  to  be  sold  to  Plymouth,    ....  184 

Purchase,  Oliver,  deputy, ....         ....     63 

Thomas,  takes  oath  of  fidelity,     ....  68 

of  Pashipscott,  thanked  for  his  services,  63 

Ensign, 25 

deputy  from  Taunton, 23 

Purchasers'  lands,  between  Yarmouth  and  East- 
ham,    53,  165 

then-  title  inquired  into  by  grand  jury,  ...     83 

Quakers, 185 

letters  sent  to  England  broken  open  by,  .  .  190 
punished.  111,  113,  124,  125,  127,  129,  130,  138 
—  140,  146,  147,  153,  168,  176,  178,  181, 
191,  208,  213. 
measures  taken  to  prevent  the  coming  of,  .  .  154 
their  houses  searched  for  seditious  papers, .  .  173 
persons  prosecuted  for  aiding,  183,  185,  186,  189, 

191,  197,  200,  201 
deposition  of  WUliam  Sabin  against,  .     .189 

their  horses  seized, ...  204 

disfranchised, 167,  176 

required  to  leave  the  government,  123,  176,  178, 

184,  197,  199,  203 
Ramsden,  John, .  .         ...         ...   69,  75 

Joseph,  sued  by  George  Bonum, 147 

ordered  to  remove  his  family  from  the  woods,  6, 

102 

Rachel, 18 

Randall,  EKzabeth,  presented  for  lying,    ....     47 

presented,    .     .         .         ■         75 

fined, 93 

William, 116,  136,  213,  223 

propounded  as  fi'eeman,  .         31 

admitted  a  freeman, .     .    48 


2U 


GENERAL   INDEX. 


Kandall,  William,  his  land  to  be  laid  out,     .     .     .213 

and  wife,  presented,  . 75,  223 

Ransom,  Ransome,  Robert,  his  complaint  against 

Thomas  Dexter,  Jun., 63 

Rates  ordered  and  apportioned  upon  the  towns,  14,  19, 

47,  86,  150,  201,  218,  219 

certain  towns  to  pay  wheat  and  corn,     .     .     .  106 

payment  of  them  enforced, 222 

Rawlins,  Lydia, 36 

presented  for  lying, 52 

Nathaniel, 36 

Thomas, 52,  114 

Read,  John,         158,  213,  222 

Reap,  William,  a  Qualier,  ordered  out  of  the  col- 
ony,      203 

Rediway,  Reddaway,  James, 33,  158 

Reed  Pond, 169 

Rehoboth,      ....     26,  50,  85,  86,  118,  167,  170 

deputies,  9,  24,  32,  80 

soldiers, 29,  68,  92 

town  officers,  8,  9,  31,  33,  48,  50,  78,  79,  100,  101, 
116,  136,  163,  188,  192,  215 

rates, 14,  19,  34,  51,  54,  150,  219 

presented  for  not  having  stock  of  arms,      .     .       5 
presented  for  not  choosing  mihtary  officers,    .     36 

miUtary  officers, 63 

petition  to  raise  money  for  support  of  minis- 
ter,   81 

pays  quota  of  expense  of  Indian  war,    .     .        103 

ordinary, 104 

commissioners  to  decide  causes  at,    ...     .  104 

magistrates, 104,  118 

licensed  to  make  a  pound, 86,  119 

to  extend  to  Sowamsett,     .         .     .  .219 

Repent,  an  Indian,        .     .  137 

Rew,  Edward,     .  40 

Richards,  John,  takes  oath  of  fidehty,      ....     58 

Mrs.,  claims  an  estray,         .  ....     18 

Rickard,  Richard,  Giles,    ...  ....  15,  196 

fined  for  selling  wine  to  Indians,  .  ...  207 

Giles,  Sen.,     ...     64,  109,  135,  147,  156,  222 

presented  for  lewdness, 36 

his  demand  against  John  Beasell, .     . 
to  keep  an  ordinary  at  PljTnouth,  159, 
fined  for  keeping  disorderly  house,     . 
Giles,  Jun.,  propounded  as  freeman, 

admitted  a  freeman,    .     . 
Hester,  punished  for  lewdness, 

John, 

propounded  as  freeman, 
admitted  a  freeman,    . 
Rider,  Ryder,  Samuel, 

one  of  the  council  of  war, 

deputy  from  Yarmouth, 

presented  for  abusing  constable. 

difference  with  his  company, 87,  91 


181, 


136,  163,  172 


210 
219 
222 

31 

48 
210 
196 

78 
101 
188 
153 

23 
68,  69,  74 


27, 


99, 


Rider,  Samuel,  admitted  a  freeman, 137 

lieutenant  of  Yarmouth  company,  .  .  .38,  143 
Samuel,  Sen., 100,  115 

Ring,  Ringe,  Andi-ew, 15,49,78,215 

Roberts,  Thomas, 116 

Robinson,  Isaac, .     147,161 

his  complaint  against  John  Pinney,  ....  156 

prosecuted  for  abetting  Quakers, 183 

disfranchised,  and  afterwards  restored,  .     .     .189 

hnd  granted  to,  at  Saconeesett, 216 

Thomas, 37,  48,  180 

fined  for  neglect  of  duty  as  rater,  ....  97 
fined  for  not  taking  oath  of  constable,    .     .  100 

Rogers,  James,  vs.  John  Cobb, 84 

John,  .     .    48,  124,  125,  129,  163,  200,  216 

deputy, 115 

land  granted  to,    ...     .  63 

John,  Jun.,  propounded  as  freeman,      .     .     .  163 

Joseph, 61,  62,  124,  125,  205 

one  of  the  council  of  war,         153 

purchases  lands  of  Indians, .  ....  142 

his  estate  settled, 206 

Susanna, 206 

Lieutenant,  one  of  the  council  of  war,  .     .        13S 

Rose,  Roes,  Roese,  Joseph,  .  .  .28,  39,  64,  72,  148 
and  his  wife,  presented  for  fornication,  ...     47 

Rosse,  John,  his  complaiat  against  his  master,  .        132 

Rouse,  John, 70,  100,  139 

admitted  a  freeman, 136 

a  Quaker,  prosecuted,     ....  .     .  140 

committee  to  settle  his  bounds, 201 

Rowley,  Mary, 33 

Moses,  claim  against  Palmer's  estate,     ...     46 

Russell,  George, 48,  102,  163,  168,  208 

presented  for  abusing  constable,   .  ...     10 

presented  for  neglecting  public  worship,     .     .     10 

propounded  as  freeman,      .  78 

admitted  a  fi-eeman,  ....  ....  117 

John, 70,  102,  115,  148,  215 

Sabine,  Sabin,  William,  .  .  32,  100,  195,  213,  222 
propounded  as  freeman,      ....  .  8 

admitted  a  fi-eeman, 117 

Mr.  Cottington's  complaint  against,  .     .  .13 

deputy, 115,  162,  187,  198,  214 

his  deposition  against  Quakers, 189 

Saconeesett,    ...  ...  217 

purchasers, 164,  208,  216 

Saconett  lands  granted  to  servants, 216 

Saffin,  John,  .  ...  ....  .  212 

his  demand  against  John  Lewis,        ....     74 

Mrs., 186 

Sampson,  Abraham,  propounded  as  freeman,     .     .     31 

admitted  a  freeman,  .  48 

Henry, 94,  162,  215 

an  Indian, .  132 


GENERAL   INDEX. 


•245 


Sandwich,  15,  18,  22,  25,  61,  85,  86,  132,  140,  170, 

195,  203 

deputies, 8,  23,  32,  79,  166 

soldiers, 29,  68,  91 

town  officers,  8,  9,  31,  32,  48,  49,  78,  79,  100, 
116,  136,  163,  188,  215 

rates, 14,  19,  34,  51,  54,  150,  219 

marshal, 141 

military  company, 11,  138,  151 

miKtary  officers, 38,  80,  188 

ordinary,  ....  ....     159,  161 

rates  abated,     ....  ...  .  167 

bounds, ...       4 

freemen's  petition  for  land  granted,  .     .        68,  85 
allowance  to  their  jurors,     ...  ...  143 

required  to  choose  grand  jm'ors,  .     .     .     .83,118 

constable  required  to  be  sworn, 84 

regulations  for  admission  of  inhabitants  ;  none 
admitted  without  consent  of  church ;  and 
certain  persons  excluded,      .     .          .     .  153 
measures  taken  to  exclude  Quakers,      .     .     .  154 
complaint  of  disorderly  meetings  at,      .     .     .111 
presented  for  not  having  stock  of  powder,      .       6 
presented  for  want  of  arms,  stocks,  and  whip- 
ping post, 82 

presented  for  not  building  Eel  River  bridge,   10, 

20 
Sargent,  "William,  admitted  a  freeman,     ....  137 

Satuett,  Satuckquett,  Pond, 68,  107,  193 

Satuckett  lands,  chosen  by  purchasers,      ....  165 
land  at,  granted  to  Governor  Prence,    .     .     .  2 17 

Saunders,  Hem-y, 179,  215 

his  execution  against  Perry, 179 

prosecuted  for  killing  a  cow, 157 

punished  for  not  aiding  constable,     .  .     .  124 

excluded  from  Sandwich, .  153 

Sautuckett  River, ....  165 

Savory,  Ann,  punished  for  lewdness  and  drunken- 
ness,      212 

Thomas, 212 

under  marshal, 12 

fined  for  drunkenness,     ...  .     .  181 

, 94 

Scittuate, 25,  85,  86 

deputies, 9,  23,  32,  79,  166,  170 

soldiers, 29,68,91 

town  officers,  8,  9,  31,  32,  48,  49,  78,  79,  99,  100, 
116,  136,  163,  188,  215 

rates, 14,  19,  34,  51,  54,  150,  219 

answer  to  petition  from,      .     .  .     .  •   167 

ordinary,      ....  ....  .     .  123 

bounds  fixed, 6 

required  to  run  line  at  Accord  Pond,     .     .     .  102 
military  officers,    ....  ..     14,  80,  130 

miUtary  company,  .     .  •  •         11,  89 

required  to  afford  relief  to  John  Palmer, 


113 


Scittuate,  presented  for  not  having  pow'der,  .     .  5 

presented  for  not  repairing  bridge,    .     .     .     .     17 
presented  for  not  repairing  pound,    .  .     .     36 

discharged  from  penalty  for  purchasing  land 

of  Indians, 13 

Timothy  Hatherly    to    administer    marriage 

in, 192 

Scudder,  John, 32 

propounded  as  freeman, 31,48 

Sears,  Sares,  Richard, 9,  155,  188 

propounded  as  freeman,      ...  .8 

admitted  a  freeman,       31 

Secuncke,       ....  .     .  .     .  .  183 

Sedgwicke,  Robert,      ....  .         .   54,  55 

Seklett,  Abraham, 92 

Sepecan  lands,  purchased  by  Plymouth,    .     .     .84,  193 

Servants,  lands  granted  to,     .  216 

Shaw,  Shawe,  James, 16,  127 

propounded  as  freeman, 31 

admitted  a  fi-eeman, .48 

Jonathan,     .  163 

admitted  a  freeman, 117 

Sergeant, 116,  202 

Shelley,  Hannah,  punished  for  lewdness,  .     .  .11 

Robert, 78 

propounded  as  freeman, 8 

admitted  a  freeman, 48 

Sherive,  Thomas,  warned  not  to  visit  Edward  Hol- 

man,    .     .  6 

See  Shrive. 

Sherman,  William, 9,  1 15 

Shrive,  Martha,  .  37 

Thomas, 37 

Shurtleff,   Shirtley,   Shiurtley,   Shirtlife,  William,    100, 

109,  163 

propounded  as  freeman, 163 

admitted  a  freeman, 188 

'  dispute  with  Thomas  Pope  about  bounds,  .     .169 
Silvester,  Dinah,  prosecuted  for  defamation,  205,  207; 

211 
Joseph,  bound  for  Dinah  Silvester,         .  .  205 

Richard,      ...  .  .  .     .   50,  78 

Simons,  Moses,   .     .  .     .  .     .  ...  116 

Skiffe,  James, 25,  61,  62,  85 

deputy  from  Sandwich,  23,  32,  44,  49,  79,  99,  115, 

135 

to  train  Sandwich  company, 151 

licensed  to  purchase  Indian  lands,     ....  104 

land  granted  to, 52,  68,  84 

summoned  to  answer, 155 

SKver,  PhiUp, 195 

Slocum,  Slocom,  Anthony, 49,  163 

admitted  a  freeman, 117 

Smally,  Smallee,  John, 49,  188 

and  others,  land  granted  to, 142 

Smith,  Daniel,    .  .     .  ...  158 


246 


GENERAL  INDEX. 


Smith,  Daniel,  admitted  a  freeman, 117 

Deborah,  fined  for  attending  Quaker  meeting,     2% 

Francis, 79,  100,  215 

Henry, 10,  163,  213 

propounded  as  freeman, 163 

James,  takes  oath  of  fideKty, 58 

John,  16,  39,  40,  50,  65,  94,  109,  115,  147,  204, 

213 

presented, 52 

deputy  from  Barnstable, .  .  .  .  .99,115 
John,  Sen.,  presented  for  sundry  offences,  .    27,  39 

John,  Jun., 29,  169 

presented  for  harboring  Quakers,  .         .     .  185 
and  wife,  fined  for  attending  Quaker  meet- 
ing,       200 

Ralph, 188 

punished  for  lying,  &c.,  ....  .213 
flichard,  fined  for  not  aiding  marshal,  .  .  .213 
,  of  Taunton, .     .  105 


Snow,  Anthony,  .  8,  70,  72,  129,  131,  134,  148,  208 
deputy  of  ISIarshfield,  99,  135,  162,  187,  198,  214 
his  bounds  settled,     .     .         ....     138, 217 

Mark, 78,116 

propounded  as  freeman, .78 

admitted  a  freeman,    .  117 

Nicholas, 33 

deputy  from  Eastham, 9,  115 

William,  160 

Soule,  George, 47,  102,  138 

deputy, 44 

deputy  from  Duxbm:y, 31,49 

his  land  laid  out, 134 

John, 47 

propounded  as  freeman,  ...  ...     31 

Kanelm  Winslow  against,    .     .  ...     46 

fined  for  attending  Quaker  meeting,  .     .     .  200 
presentment  against,  .     .  .  .  .  207 

Zaohariah,         .  .  ...  79,  135 

propounded  as  freeman,  ...  .     .       8 

admitted  a  freeman,    ....  ...     3 1 

South  River,  ways  at,  laid  out, 34 

bridge, .17 

Souther,  Sowther,  Nathaniel,  land  granted  to  chil- 
dren of,     .  182 

Southworth,  Constant,   21,   22,  53,  87,  96,   102,   116, 
137,  138,  149,  157,  161,  171,  172,  174,  186,' 
192,  194,  195,  201,  202,  204. 
land  to  be  laid  out  by,        .         .     .         .     .  193 

land  to  be  viewed  by, I93 

deputy  from  Plymouth, ...  ...  44,  170 

deputy  fi-om  Duxbuiy,  8,  23,  31,  49,  79,  99,  135, 

162,  187,  198,  214 

compensation  made  to, .     .  139 

treasurer, 162,  187,  214 

one  of  the  council  of  war,  .  .     .     138,  153 

freed  from  office  of  ensign,  .  .  26 


Southworth,    Constant,    his    claim    for    mending 

bridge, 112 

to  provide  for  Governor  and  magistrates,    .     .121 

Thomas,  15,  16,  25,  33,  34,  58,  75,  117,  120,  122, 

124,  126—128,  133,  134,  142,  147,  150,  155, 

157,  160,  162,  164,  169,  170,  174,  177,  179, 

180,  185,  187,  197,  198,  202,  203,  205,  209, 

211,  214. 

one  of  the  council  of  war,    .      26,  28,  138,  153 

deputy  from  Plymouth,   .     .     .     .  8,  23,  31,  44 

an  Assistant,  .    .  7,  30,  114,  134,  162,  187,  214 

commissioner  of  United  Colonies,      .     162,  187 

an  Assistant  at  Kennebeck, 75 

captain  of  Plymouth  company,      .     .     169,  214 
lieutenant  of  troops  raised  for  Dutch  war,  .     29 

compensation  made  to, 166 

Lieutenant, 185,  193—196 

Sowams,  rates, 19 

Sowamsett, 202,  219,  222 

proportion  of  rates, 201,  218 

Sparrow,  Jonathan, .     .  100 

Richard, 32,  130,  136,  162,  171 

deputy  from  Eastham,    ...    24,  79,  99,  170 

land  granted  to, 123,  142 

Spooner,  WilKam, 79,115 

propounded  as  freeman, 31 

admitted  a  freeman, 48 

Sprague,  Francis, 116 

John, 93 

and  wife,  presented  for  fornication,     ...     82 

Spring,  John,  his  wife  prosecuted, 174 

Sprout,    Robert,    his    complaint    againt    AValter 

Briggs, 133 

Stacy,  Stacye,  Richard, 40,116 

Standish,  Alexander, 114,  135,  200 

Barbara,       ...  114 

Josiah,    .     .  46,  114,  193 

admitted  a  freeman, 77 

ensign  of  Duxbmy  company, 68 

heutenant  of  Bridgewater, 188 

his  lands  at  Mannomett, 217 

one  of  the  council  of  war, 153 

Miles,  3,  4,  6,  7,  13—17,  20—22,  27,  30,  35,  38, 
41—43,  47,  56,  57,  62,  64,  67,  71,  73,  76, 
77,  81,  90,  118,  193. 

Deputy  Governor, 27 

one  of  the  council  of  war, 26,  28 

an  Assistant, 7,  30,  48,  77,  99 

administrator  of  Henry  Dreaton,  ....       4 

treasurer, 7,  30,  48,  77 

suit  against  Joseph  Beedle, 27 

captain  of  troops  raised  for  Dutch  war,  .    29,  55 
his  commis.sion  and  instructions  in  Dutch 

■war, 55 

paid  for  services  as  treasurer,    ...  .  104 

three  hundred  acres  of  land  granted  to,      .  107 


GENERAL  INDEX. 


247 


Standish,  Miles,  land  granted  to, loi 

committee  appointed  to  lay  out  his  lands,  .     .  193 

deceased,  his  executors, 114 

Starr,  John, jq 

Stibbins,  Goodman, 157 

Stockbiidge,  John, 79 

Stone,  John,  takes  oath  of  fideKty, 58 

Stoney,  Reach, 108 

Stony  Cove  Creek, I75 

Strawberry  Hill, ....  169 

Street,  Francis, .  215 

Mr., 46 

Studson,  Robert,  10,  73,  87,  120,  139,  166,  171,  182, 

194,  195,  205 

propounded  as  freeman, 8 

admitted  a  freeman, 30 

deputy  from  Scituate,  44,  49,  63,  79,  99,  135,  162, 

170,  187,  198,  214 

land  granted  to, 106 

comet  of  troop, 174 

way  for  him  laid  out, 139 

Sturgeon,  Mr.,  letter  to,  broken  open,     ....  190 
Sturgis,  Edward,      ...    78,  91,  129,  146,  150,  172 

Sturtivant,  Samuel, 9,  32,  196,  200,  205 

Surveyors  of  highways,  9,  32,  49,  79,  100,  116,  136, 

163,  215 

Suttley,  Abraham, 99 

Sutlife,  Abraham, 179 

Sarah, 180 

complaint  against,  by  John  Sutton,    .     179, 180 

Sutton,  John, 163, 205 

admitted  a  freeman, .  137 

complaint  against  Sarah  Sutliffe,  .     .     .     179,  180 
S^^ift,  Jane,   (servant  of  William,)  presented  for 

fornication, ....     82 

William, 10,  79,  82,  91,  188 

Taunton,    .     .         .     .     13,  25,  85,  86,  118,  193,  195 

deputies,  9,  23,  32,  79,  170 

soldiers, 29,  68,  91 

town  officers,  8,  9,  31,  33,  48,  49,  78,  79,  100, 

116,  136,  163,  188,  215 

rates, .     .  -14;  19,  34,  51,  54,  150,  219 

magistrates, 74,  118 

committee  to  settle  town  bounds,     .     .     172,216 
land  granted  to  freemen  of,      ...  .     .  216 

iron  work, ...     89 

complaint  of  sundry  grievances,   .     .  .     .  122 

presented  for  not  having  stock  of  powder,       .       6 
requested  to  provide  for  Joseph  Gray,  .     132,  134 

Taunton  River, 218 

Taxes,  see  Rates. 

Tayler,  Henry, 150 

Lydia,  presented  for  selling  liquor  to  Indians,    150 

Richard, 100,  116,  172,  174 

propounded  as  freeman,  .     .     .     .     8,  101,  163 
Templer,  Richard,  presented  for  stealing,      ...     28 


Tetacutt, 159,  193 

Thacher,  Anthony,  33,  49,  61—64,  66,  129,  136,  146, 

155,  172,  207 

deputy, 44 

deputy  for  Yarmouth, 9,  162 

licensed  to  marry  persons, 15 

complaint  of  an  Indian  against, 113 

his  deposition, lis 

one  of  the  council  of  war, 138 

Thanksgiving  ordered, ".       5 

Thawyt,  Alexander,  takes  oath  of  fidelity,     ...     58 

Thomas,  John,        ...  70  72 

Nathaniel, 7o,  161 

land  granted  to,  at  Saconeeset,      .  .     .  216 

Goodwife,  complaints  against,  149,  158,  168,  174 

her  estate  disposed  of, 197 

Thornton,  Robert,  .         ....         .     «     .     .  100 

Tickner,  Serjeant,  fined  for  breach  of  peace,      ,     .  209 

Tilden,  Joseph, 215 

ensign  of  Scituate  company,         14 

presented, ...     69 

fined, 75,  93 

review  of  prosecution  against,  148,  149,  156,  157, 

166 

and  others,  ways  laid  out  to, 34 

Stephen, 34 

Thomas, 18,32,116,208 

Ml-., 133 

Tilson,  Edmund, 64,  109 

Edward,  fined  for  not  serving  as  juror,  ...     42 

settlement  of  his  estate, 107 

Joane,  widow,  to  have  thirty  pounds  out  of 

her  late  husband's  estate, 207 

Timber  of  the  country,  felling,  prohibited,    .     .   4,  208 

Tinkham,  Ephraim, 100,  205 

petitions  for  John  Barnes's  lands,      ...         76 
Tisdale,  TisdaU,  John,    9,  32,  64,  78,  94,  105,  115,  163 
complaint  against,  as  an  appraiser,     ....     42 
Titus,  Robert,  to  indemnify  Rehoboth  from  sujj- 

port  of  Abner  Ordway,    ....  .52 

Tobias,  an  Indian, ...     40 

Tobey,  Thomas, 136 

Tomkins,  Samuel. 116,215 

Tompson,  Thompson,  John, 33,  115,  200 

Ton-ey,  Torey,  James, 10,  73,  205 

propounded  as  fi-eeman, 31 

admitted  a  freeman, ...     77 

lieutenant  of  Scituate  company,    .     .     .     .80,  130 
deputy  from  Scituate,    .     .  99,  166,  187,  198,  214 

one  of  the  council  of  war, 153 

Lieutenant, 102,  120,  213,  215 

Town  clerks,  oath, 50 

Towns,  furnished  with  book  of  laws, 143 

appointment  of  rates  upon,  see  Rates. 

their    consent    asked    to    letting    Kennebec 

trade, 96,  106,  107 


248 


GENEEAL   INDEX. 


Towns,  number  of  votes  on  question  submitted  to,  174 

Traeye,  John, _ .     100,  135 

propounded  as  freeman,       ...  .101 

admitted  a  freeman,        117 

Treasurer  chosen,  7,  30,  48,  77,  99,  115,  135,  162,  187, 

214 
Treasurer's  accounts,  33,  64—66,  93,  94,  104,  117,  118, 

164,  195,  215 

Troop  of  horse,  .  159,  166,  193 

Truant,  Morris,   .  ...  .     .     .28,  115 

admitted  a  freeman, 136 

Trumpeter  of  troop,  horse  allowed  to,      ....  193 

Trustee  process, 39 

Trj-all,  the  bark, 213 

Tubbs,  Mercy,  prosecuted, 5 

WiDiam,    his    complaint     against    Goodwife 

Thomas,  158 

land  granted  to,  ...  .  168 

Tupper,  Thomas, 129,  194,  195 

deputy  from  Sandwich,  8,  32,  44,  63,  99,  115,  135, 

166,  170,  187,  198,  214 

his  suit  against  Anthony  Wright,      .     .     .     .113 

forbidden  to  marry  persons, 47 

land  granted  to, 68,  193,  194 

Timier,  Humphrey,  deputy  from  Scituate,    .     .      8,  32 
James,    .     .  .     .  ....  .5 

John,  180 

presented,     .  176 

John,  Sen., 78 

admitted  a  freeman, 137 

John,  Jun., 188 

admitted  a  freeman, 137 

Joseph,  180 

Michael,  iined  for  not  serving  as  juror,  .  .  .101 
Turtall,  Richard,  presented  for  lewdness,  ....  97 
Twining,  William,  admitted  a  freeman,     ....       7 

Under  marshal,  oath  of, ;  .     .     12 

Thomas  Savorj',         ...  12 

Upsiall,    Nicholas,    jiresented    for    meeting   with 
others  in  a  disorderly  manner  on  Lord's 
day,      .  ...  ...   Ill 

sent  out  of  the  government,    ...  .  1 13 

Ussamequin,  an  Indian,  charged  with  murder,  de- 
manded of  him, 133 

United  Colonies,  see  Confederation,  Commission- 
ers, &c. 
Ure,  see  Ewer. 

Varname,  Vernam,  Arthur,    ....      196,  213,  223 
Vassall,  VarsscU,  John,  lieutenant  of  Scituate  com- 
pany,     14 

Mr., 74 

Vaughan,  George, .  100 

Vinall,  John,  admitted  a  freeman, 137 

Stephen, 135 

admitted  a  freeman,    .  137 

Vincent,  John,         .  .     .   115 


Vincent,  John,  petitions  for  land,         68 

deputy  fi-om  Sandwich,  .     .     .    79,162,166,214 

Viner,  Stephen,  .  .     .  .92 

Vixon,  Robert, 79 

Wade,  John, 126,  224 

sued  by  John  Barnes,  ...  .  .  126 

Nicholas,  to  keep  an  ordinary  at  Scituate,  .     .  123 
Wadsworth^  Chi-istopher,  ....      9,  100,  102,  183 

deputy,  .....  .63 

Joseph,  propounded  as  freeman,  .  .  .101 

admitted  a  freeman,    ...  .  .117 

Walker,  James,      .     .     8,  49,  100,  129,  152,  171,  220 
deputy  from  Tamiton,  49,  135,  162,  170,  187,  198, 

214 
one  of  the  council  of  war,  .     .  ....   138 

controversy  with  Briggs  and  Hailstone,      133,  142 

John,  72,  73,  82,  143 

killed,  inquest  upon,        71 

Philip, 78,  116,  136,  158 

propounded  as  freeman, 78 

admitted  a  freeman,         137 

William,  propounded  as  freeman,     ....     78 

admitted  a  freeman, 101 

Wampatuck,  Josiah,  his  sale  to  Scituate  confirmed,     13 
Wampeas  complains  against  Richard  Chadwell,      .  175 

Wampum,      ...  ...  144 

Wamsitta,  and  other  Indians,  complain   of  tres- 
passes,   167,  192 

complains  against  a  Narragansett  sachem,  .     .  192 

powder  granted  to, 192 

sumamed  Alexander, 192 

War,  preparations  for,  .     .    23 — 25,  28,  29 

expedition  against  Ninnegret,  .     .  67,  91,  102,  103 

expedition  against  the  Dutch, 53 — 57 

Warrant,  to  call  a  meeting  of  the  General  CoiU't,  .  128 
Warren,  Ehzabeth,  her  grants  confirmed,      ...     19 

Joseph,        .  .  9,  135 

Nathaniel,    .     15,  49,  64,  132,  195,  200,  215,  219 

fined, 42 

propounded  as  freeman, 31,  78 

fined  for  absence  as  juror,    .  ...  42 

admitted  a  fi-eeman,    .  .  ,     .        117 

deputy  from  Plymouth,  .     .     .      135,  162,  214 
committee  appointed  to  settle  his  bounds,  142, 

174 
Washburn,  Washbume,  Washboume,  Washboum, 

John,  Jun., 32,  163 

propounded  as  freeman, 31 

admitted  a  freeman, 43 

paid  for  services  as  constable, 178 

suit  against  William  Clarke,         ....        202 
committee  appointed  to  settle  his  bounds,  .     .  204 

fined  for  abusing  the  marshal, 221 

Waterman,  Elizabeth, 22,  174 

Robert,  settlement  of  his  estate,  .     .   22,  174,  175 
widow,         ...  39 


GENERAL  INDEX. 


249 


Watson,  George,  16,  23,  27,  29,  75,  174,  187,  190,  223 
his  petition  in  behalf  of  his  son  and  nephew, .  186 

John, 186 

his  protest, 212 

Waymouth,  Titus, 110 

inquest  upon, 109,110 

Way  from  Sandwich  to  Plymouth,  .     .     .     .15,  61,  69 
fr'om  Plymouth  to  Soituate,      ....  .51 

from  Sandwich  to  Barnstable, 13 

fi'om  Taunton  to  Plymouth,     .     .         ...     13 

for  Robert  Studson, 139 

for  Joseph  Tilden  and  others,  ...  .     .     34 

Ways,  surveyors  presented  for  not  repairing,         17,  82 

Webb,  George, 138 

John, 103 

Weber,  Thomas,  takes  oath  of  fidehty,  .     .     58 

Wells,  Isaac, - 28,  147 

Wenlock, ,  see  Christopherson. 

West,  Francis,    .  136,  187 

admitted  a  freeman,  ...         77 

Nathaniel,  drowned, .     .  158 

Weston,  Edmund, .32 

administrator  of  Thomas  Howell,     .     .    3,  11,  14 
propounded  as  freeman,      ...         .     .     8,  30 

John, 209 

Whales  cast  upon  purchasers'  land  to  belong  to 

them,  .  53 

Wheaton,  Robert, 158 

Whetcombe,   Whetcomb,   Wlietcome,   Wetcome, 

John, 8 

admitted  a  freeman, 7 

Jonathan, 92 

Robert, 92,  209,  220 

iined  for  disorderly  marriage,    .  .     .  206 

Wheton,  Robert, 222 

Whilden,  John, 215 

Whiston,  John,        115 

White,  Gowen, 47,  92 

fined  for  lying, 133,224 

John,  takes  oath  of  fidelity, 58 

Nicholas, 90 

Peregrine,   .     .  .  .     .8,  171,  188,208 

one  of  the  council  of  war,    ...  .  153 

^    admitted  a  freeman, .      7 

summoned  to  appear  at  Court,  .     .         26 

fined, •  •  .     .     37 

ways  laid  out  for,  and  others,        ....     34 
lieutenant  of  Marshfield  company,     ...     80 

Resolved, 100 

admitted  a  freeman,    ....  .  •  137 

Lieutenant, 93 

deputy  from  Marshfield, •  170 

Whitney,  Thomas, 9,  16,  78,  109 

Winnefred, 38 

vs.  John  Barnes,    ...  38 

Whittacare,  Richard, 222 

VOL.   III.  32 


Wilbore,  Joseph,     .         ...         188 

Wille,  alias  Willis,  Robert,  dro\\'ned,  ...         .15 

Willett,  Willitt,  Thomas,  3,  20,  21,  23,    24,   25,  27, 

30,  33—35,  38,  39,  41—43,  47,  53,  65,  65, 

69,  71,  73,  87,  94—96,  103,  110,  111,  128, 

154,  155,  157,  167,  170,  180,  195,  209,  213. 

one  of  the  council  of  war,  .     .     .26,  28,  138,  153 

an  Assistant,  7,  30,  48,  77,  99,  114,  134,  162,  187, 

214 
commissioner  of  United  Colonies,  .  .  67,  30,  77 
chosen  to  go  on  expedition  against  the  Dutch,  55 
his  commission  and  instructions,  .     .  .     .     56 

his  demand  against  Hall's  estate, .  ....  34 
one  of  the  lessees  of  Kennebec  trade,   ...     95 

land  granted  to, 183 

Captain, 152,  192,  202 

WilKam,  an  Indian,  192 

Williams,  Edward,  presented  for  pilfering,    ...      5 

John, .     .     92 

John,  Jun., 32,  37,  102 

one  of  the  council  of  war, 153 

propounded  as  freeman, 8 

admitted  a  freeman, 30 

ensign  of  Soituate  company, 80 

to  train  Scituate  company,   ....  .130 

his  fees  allowed, 164 

sued  for  abusing  Robert  Baker's  child,  160,  171 
prosecuted  for  harboring  a  Quaker,    .     185,  189 

Richard, 44 

deputy  from  Taunton,  32,  49,  63,  79,  99,  115, 

162 

Timothy,  72 

WiUiamson,  Timothy,  .     .     .     .79,  100,  134,  148,  208 

propounded  as  freeman, 101 

admitted  a  freeman,  .     .  117 

Goodwife,         148 

Willis,  John, 129,  160,  195,  216 

admitted  a  fi-eeman, 7 

deputy  from  Bridgewater,  115,  135,  162,  187,  198 
his  complaint  against  Hull's  wife,  ....  4 
to  marry  persons  and  administer  oaths,      .        166 

land  granted  to,         193 

Lawrence,   ....  115,  160 

admitted  a  freeman, 137 

Nathaniel, .         .  78,  160 

See  Wille. 

WUls,  William, .     .  .79 

Wilmoth,  Thomas, 158 

Wilson,  Samuel,  ...  ...         41 

Winchester,  Alexander,  settlement  of  his  estate,   120, 

142 

Mary, 142 

Wing,  Winge,  Daniel,      .     .  .  ...  32,  138 

a  Quaker,  fined,    .      130,  153,  176,  181,  191,  224 
excluded  from  Sandwich,    ...  .     .  154 

his  estate  distributed,     .     .  -  157 


250 


GENERAL   INDEX. 


Wing,  John,      ...  .     .  61.  62,  78,  157 

not  to  build  out  of  town  bounds,      ....  156 

Stephen,  .     .     78 

presented  for  tumultuous  behavior,    .     .     .130 

excluded  from  Sandwich,  ....        153 

fined  for  not  aiding  marshal,     .     .         .     .  173 

Winslow,  Edward,  ....  ...    70,  88 

John, 53,  55,  56,  70,  142 

deputy, 44,  63 

deputy  from  Plymouth, 8,  49 

one  of  the  council  of  war,   ....         .26 
Josiah,  Sen.,  33,  64,  86,  96,  104,  131,  148,  161, 
172,  182,  194,  195,  205,  215 
to  take  the  country's  account  of  the  Treas- 
urer,      .  195 

deputy  from  Marshfield,  24,  49,  80,  162,  187, 

198 

lands  granted  to, 141,  215 

Josiah,  Jun.,  66,  86,  87,  94,  104,  117,  123,  124, 

126,  128.  133,  134;  137,  143—147,  150,  154, 

155,  157,'  160,  162,'  164,  166,  169—171,  177, 

180,  185,  187,  192,  195,  197,  198,  201,  202, 

205,  209,  211,  214,  215. 

an  Assistant,      .     .     .    114,  134,  162,  187,  214 

captain  of  Marshfield  company,     .     .     .   80,  87 

coinmissioned  to  go  to  Yarmouth,  &c.,  .     .  132 

one  of  the  council  of  war, 138 

his  commission  as  major,      ....  152 

commissioner  of  the  United  Colonies,  135,  162, 

187 
Kanelme,  Kenelme,        .     .     28,  49,  70,  120,  134 

deputy  from  Marshfield, 9,  32 

his  complaint  against  Soule,      .     .  .46 

Winter,  Catharine,  presented  for  fornication,      .     .       5 

Christopher, 18,  32,  140,  163 

his  deposition, 149 

Witherell,  William,      ....  ...        135 

takes  oath  of  fidelity, 117 

admitted  a  freeman,  .  137 

Witnesses,  two  required  in  criminal  cases,  .   107 

Wolves,  account  of  those  killed,     ...  .   50,  85 

Wood,  Henry, 15,  79,  100,  162,  223 


Wood,  Henry,  complains  against  Plymouth  raters,    179 
John,      ...'...        15,  49,  109,  207,  223 

Stephen, ...     8,  50 

, 182 

Woodcocke,  John, 93 

punished  for  trespass  on  Indians, 74 

Woodfield,  John,  propounded  as  freeman,    .     .     7,  78 

Woddward,  Nathaniel, .         40 

Walter, .100 

Worden,  Peter,  fined  for  not  serving  as  juror,   .     .     11 

Wormall,  Joseph, 116,209 

admitted  a  freeman,  ...         117 

Wright,  Anthony, 113 

Peter, H 

Richard, 8,  223 

land  granted  to, 164 

Wyatt,  Wyate,  Wiatt,  James,    .     .  105,  122,  195 

deputy,   .     .  44 

deputy  from  Taunton,  9,  32,  79,  99,  115,  187,  198, 

214 
fined  for  absence  from  Com-t,  .  .     .  .26 

presented  for  breach  of  Sabbath,  .         .150- 

Lieutenant,  .  .  .     .  .  .   84,  86 

Yarmouth,  15,  17,  22,  25,  53,  85,  86,  132,  140,  141, 

194,  195 

deputies,  9,  23,  32,  79,  170 

soldiers, 29,  68,  92 

town  oflicers,  8,  9,  31,  33,  48,  50,  78,  79,  100,  116, 

136,  163,  188,  215 

»tes, 14,  19,  34,  51,  54,  150,  219 

military  ofiicers,     .     .  .38,  87,  91,  143,  169 

or  Mattakeesse,  presented  for  not  building  Eel 

River  bridge,     ....         ....     10 

judgment  against,  for  not  building  Eel  River 

bridge, 20 

bounds  of  the  town, 165,  175 

required  to  support  a  minister, 155 

controversy  with  Janno,      113,  114,  117,  145,  146 
complaint  against  Richard  Childs,     .  .  220 

regulations  for  building  houses,         .     .     207,212 

Younge,  John, .     .   30,  48 

Captain,  his  salary  paid,      .     :     .     .     ,         .  108 


RECORDS 


PLYMOUTH    COLONY. 


COURT    ORDERS. 
YOL.  IT. 

1661-1668, 


RECOUDS 


OF    THE 


COLONY 


OF 


NEW     PLYMOUTH 


IN 


NEW  ENGLAND. 


PRINTED     BY     ORDER     OF     THE     LEGISLATURE     OF     THE 
COMMONWEALTH    OF    MASSACHUSETTS. 


EDITED    BY 

NATHANIEL  B.  SHURTLEFF,  M.D., 

OF   THE  MASSACHUSETTS  HISTORIC-yL  SOCTETT,  FELLOW   OP  THE    AUrERICAN  ACADEMY  OP  ARTS 
AND    SCIENCES,   MEMBER   OF   THE  A5IERICAH"    ANTIQUARIAN    SOCIETTj    FELLOW 
OF  THE  SOCIETY   OF  ANTIQUARIES   OF   LONDON,  ETC. 


COURT     OHDEES 
YOL.  lY. 

1661—1668. 


BOSTON: 

FROM    THE    PEESS    OF    WILLIAM    WHITE, 

PRINTER  TO  THE  COMMONWEALTH. 

185  5. 


R  E  M  A  E  K  S . 


rr^HE  manuscript  of  the  fourth  volume  of  Court  Orders  of  the  Colony 
-*-  of  New  Plymouth,  from  which  the  following  pages  are  printed,  is 
entirely  in  the  well-known  chirography  of  Mr.  Nathaniel  Morton,  the 
faithful  secretary  of  the  colony.  It  was  intended  for  the  records  of  the 
General  Court  and  the  Court  of  Assistants,  but,  like  the  other  volumes, 
likewise  contains  several  miscellaneous  entries.  It  embraces  a  period 
of  seven  j'ears,  during  the  whole  of  which  time  Mr.  Thomas  Prence  was 
Governor  of  the  colony. 

The  first  entry  is  that  of  the  confirmation  of  a  grant  of  land  on 
the  fourth  of  June,  1661 ;  but  the  first  proceedings  recorded  were  those 
of  the  General  Court  held  on  the  first  day  of  October  next  following, 
and  the  last  in  the  volume  bears  date  the  seventh  of  July,  1668. 

N.  B.  S. 

December,  1855. 


MARKS  AND  CONTRACTIONS 


A  Dash  ~  (or  straight  line)  over  a  letter  indicates  the  omission  of  the  letter 
following  the  one  marked. 

A  Curved  Line  ~  indicates  the  omission  of  one  or  more  letters  next  to  the 
one  marked. 

A  Superior  Letter  indicates  the  omission  of  contiguous  letters,  either  pre- 
ceding or  following  it. 

A  Caret  ^  indicates  an  omission  in  the  original  record. 

A  Cross  X  indicates  a  lost  or  unintelligible  word. 

All  doubtful  words  supplied  by  the  editor  are  included  between  brackets,  [  ]. 

Some  redundancies  in  the  original  record  are  printed  in  Italics. 

Some  interlineations,  that  occur  in  the  original  record,  are  put  between 
parallels,   ||    ||. 

Some  words  and  paragraphs,  which  have  been  cancelled  in  the  original  record, 
are  put  between  J  +  . 

Several  characters  have  special  significations,  namely  :  — 


@ ,  —  annum,  anno. 

a,,    —  an,  am,  —  curia,  curiam. 

a,  —  matrate,  magistrate. 

b,  —  ber,  —  numb,   number  ;     Robt, 

Robert. 

c,  —  ci,  ti,  —  accon,  action. 

c6,  —  tio, — jurisdiccon,  jurisdiction. 
6,    —  ere,  cer,  —  ads,  acres. 

d,  —  dft,  delivered. 

e,  —  Trer,  Treasurer. 

e,     —  committe,  committee, 
g,    —  gfial,  general ;  Georg,  George, 
h,    —  chr,  charter. 
1,     —  begig,  beginig,  beginning. 
i,     —  ire,  letter. 

m,  —  mm,  mn,  —  coinittee,  commit- 
tee, 
ill,  —  recomdacon,  recommendation, 
in!,  —  mer,  —  formJly,  formerly. 
A,  —  month. 

h,    —  nn,  —  Peri,  Penn  ;  aiio,  anno, 
fi,    —  Dili,  Domini. 
h,    —  ner,  — mann),  manner, 
o,    —  on,  —  mentio,  mention. 


o,  —  mo,  month. 

p,  —  par,  por,  —  pt,  part ;    ption,  por- 
tion. 

p,  —  per,  —  pson,  person. 

p,  —  pro,  —  jjporcon,  proportion. 

p>,  —  pre,  —  psent,  present. 

n,  —  q,stion,  question. 

^,  —  escp,  esquire. 

f ,  —  Apr,  April. 

s,  —  s,  session  ;  sd,  said. 

s,  —  ser,  —  svants,  servants. 

?,  —  ter,  —  neuE,  neuter. 

t,  —  capt,  captain. 

Q,  —  uer,  —  seQal,  seueral. 

ii,  —  abou,  aboue,  above. 

9,  —  ver,  —  seVal,  several, 

w, —  wn,  when. 

y'',  the  ;  y™,  them  ;  y",  then  ;  y'',  their  ; 
j",  this  ;  y',  that. 

3,  —  us,  —  vilib^,  vilibus. 

^,  —  es,  et,  —  statut^,  statutes. 

{3,  &d,  &c%  —  et  castera. 

vizj,  —  videlicet,  namely. 

./        —  full  point. 

(V) 


CONTENTS   OF   VOLUME  IV. 


COURT   ORDERS,    1661—1668, 3 

GENERAL   INDEX, 195 


PLYMOUTH  COURT  ORDERS. 


1661-1668 


PLYMOUTH    RECORDS. 


THE   RECORDS   OF  THE   COLONY  OF  NEW  PLYMOUTH  IN 

NEW  ENGLAND. 

[The  fourth  Tolume  of  the  Court  Orders  of  the  Plymouth  Colony  commences  here,  mth  the  record 
of  a  confirmation  of  a  grant  of  land  made  on  the  fourth  of  June,  1661.  The  original  manuscript  volume 
contains  the  acts  of  the  several  General  Courts  and  Courts  of  Assistants,  together  with  other  miscella- 
neous entries,  from  the  above-mentioned  date  until  the  close  of  the  Court  held  on  the  seventh  of  July, 
1668.  It  is  in  the  handwriting  of  Mr.  Nathaniel  Morton,  secretary  of  the  colony.  The  original  index  to 
this  volume,  being  very  imperfect,  is,  as  in  the  ca.se  of  the  preceding  volumes,  incorporated  with  that 
specially  prepared  for  the  printed  copy.] 

ACTS   AND   PASSAGES   OF   COURT   AND   GRANTS   OF   LAND 
FROM   THE  YEAR   1661   UNTIL  THE   YEAR   1668. 

Prence,  Gotj". 

*     A  TT  the  Generall  Coui-t  held  att  Plymouth,  in  New  England,  the  fourth      1661 

l\  of  June,  1661,  the  said  Court  graunted  vnto  Richard  Bourne,  of 
Sandwich,  a  sertaine  tract  of  land  lying  on  the  western  side  of  Pampaspised 
Riuer,  where  Sandwich  man  take  alewiues  ;  the  land  is  a  longe  stripp  lying  by 
the  liuer  side,  for  breadth  form  the  riuer  vnto  the  topp  of  the  hill  or  ridge  grant  is  re- 

!/»•/»  •  P11T1  corded  more 

that  runs  alonge  the  length  of  it,  from  a  point  of  rockey  land  by  a  swamp  fuUy  in  the 
called  by  the  name  of  Pametoopauksett  vnto  a  place  called  by  the  English  "'"^*  ""  " 
Muddy  Hole,  but  by  the  Indians  Wapoompauksett ;  the  meddow  is  that  which 
was  called  M""  Leuerich  his  meddow,  as  alsoe  the  other  stipps  that  are  aboue 
alonge  the  riuer  side  vnto  a  point  bounded  with  two  great  stones  or  rockes ; 
alsoe,  all  the  meddow  lying  on  the  easterly  s[ide]  of  the  said  riuer  vnto  Thomas 
Burge,  Seni',  his  farme ;  all  which  tracts  and  pcells  of  land,  both  vpland  and 
meddow,  with  all  and  singulare  the  appurtenances  belonging  thervnto,  is 
graunted  [by]  the  Court  vnto  the  said  Richard  Boui-ne,  to  him  and  his  heii-es 
foreuer.  Morouer,  the  Court  haue  graunted  vnto  the  said  Richard  Bourne 
that  hee  shall  haue  yearly  libertie  to  take  twelue  thousand  of  alewiues  att  the 
riuer  where  Sandwich  men  vsually  take  alewiues,  him  and  his  heires  for  euer. 


4  June. 


PLYMOUTH    COLONY    RECORDS. 


1661. 

i  June. 
Peenoe, 

Interlined. 


Likewise,  the  said  Court  haue  graunted  vnto  Richard  Bourne  a  pcell  of 
meddow  lying  att  Mashpe,  the  one  halfe  therof  to  belonge  to  him  and  his  heires 
for  euer,  and  the  other  halfe  to  [be]  made  vse  of  and  improued  by  the  said 
Richard  Bourne  vntUl  the  Court  shall  see  reason  otherwise  to  order.  Moro- 
uer,  the  Coiurt  haue  graunted  vnto  the  said  Richard  Bourne  a  necke  of  med- 
dow, llthis  meddow  lying  betwixt  two  little  brookes  &  the  meddow  adjoyning 
to  the  vpl[and],||  with  a  little  vpland  in  it  att  Mannamuchcoy,  called  by  the 
Ind[ians]  Auntaanta,  the  said  ^mises,  with  all  and  singulare  the  appurtenances 
belonging  thervnto,  excepting  the  one  halfe  of  the  meddow  x  Mashpe  aboue 
mencioned,  to  haue  and  to  hold  vnto  the  said  Richard  Bourne,  to  him  and  his 
heires  for  euer. 

That  aboue  enterlined  was  soe  done  att  the  Court  held  att  Plymouth  the 
fift  of  March,  1661,  by  order  and  with  the  consent  of  the  Coiirt. 


1  October.     *Jltt  the  Generall  Court  Iwlden  att  Plymouth  the  first  of  October, 
t*^-]  1661. 


Befoee  Thomas  Prence,  GoQ, 
Wiliam  CoUyare, 
John  Aldin, 
Josias  Winslow, 


Thomas  Southworth, 
Wiliam  Bradford,  and 
Thomas  Hinckley, 


Assistants,  &6. 

THE  Court  haue  graunted  and  confeirmed  vnto  M"^  Josias  Standish  a  tract 
of  vpland  lying  on  that  side  of  Mannomett  Riuer  next  vnto  Sandwich, 
the  bounds  of  which  is  from  the  lands  of  Esra  Perr[y]  vnto  a  little  creeke 
alongst  the  riuer  for  the  length,  and  for  the  bredth  vnto  the  topp  of  the  hills 
which  lye  in  a  ridg  with  twenty  acrees  of  meddow  of  that  which  was  lately 
pm-chased  by  M'  Aldin,  to  bee  taken  together  where  hee  will  within  the  said 
meddow ;  the  said  lands,  both  vpland  and  meddow,  with  all  and  singulare  the 
appiurtenances  appertaining  therevnto,  to  belong  to  him,  the  said  Josias  Stan- 
dish,  to  him  and  his  heires  and  assignes  for  euer. 

M'  John  Aldin  is  appointed  by  the  Court  to  lay  out  the  aboue  twenty 
acrees  of  meddow  to  Josias  Standish,  and  to  brmg  report  vnto  the  Court  of 
what  remaineth  there  vndisposed  of 

In  answare  vnto  a  petition  prefered  to  the  Court  by  Jone,  the  wife  of 
Obadiah  Miller,  requesting  that  shee  may  haue  libertie  to  make  sale  of  some 


COURT    ORDERS. 

of  the  land  that  her  deceased  husband  left  vndisposed  of,  the  Courts  haueing     1661. 
considered  that  her  request  is  in  the  behalfe  of  her  daughter,  whoe  shea  saith   ""      ' 
is  weake  and  stands  in  need  therof,  do  giue  libertie  that  one  quarter  pte  of  the      p 
said  land,  and  of  what  is  left  by  her  said  deceased  husband,  may  bee  sold  for        God". 
the  releife  of  her  said  daughter ;  and  what  it  shalbee  sold  for  shalbee  carfuUy 
disposed  of  to  the  vse  of  Bathshebah  Coggen,  att  the  descretion  of  Richard 
W  X  and  Walter  Deane,  of  Taunton,  and  the  resedue  of  the  said  lands,  &6,  bee 
reserued  by  them  for  the  vse  of  the  rest  of  the  children  of  the  deceased  Thomas 
Coggen,  prouided  that  the  said  Jone  Miller  doe  put  in  suificient  cecuritie  that 
the  said  estate  shalbee  soe  disposed  of. 

The  Court  haue  graunted  vnto  the  ancient  freemen  of  .Taunton,  that 
incase  any  land  can  bee  found  on  the  north  side  of  Taunton  bounds,  towards 
Secounke  cartway,  which  will  not  fall  within  any  lands  alreddy  put  in  for  by 
the  children  of  the  first  comers,  that  they  may  make  report  therof  to  the 
Court ;  and  a  competency  shalbee  graunted  vnto  them,  if  the  Court  shall  see 
reason. 

James  Walker  desireth  acomodatiou  of  lands  vpon  the  west  side  of 
Taunton  Eiuer,  att  the  southermost  bounds,  neare  about  Seketegansett. 

Att  this  Court,  Leiftenant  Rogers  was  freed  of  his  milletary  oifice,  from, 
being  leiftenant  of  the  milletary  companie  of  Easthani. 

Att  this  Court,  adminnestration  was  graunted  vnto  Samuell  House,  Juni"", 
and  Elizabeth  House,  the  sone  and  daughter  of  Samuell  House,  deceased,  to 
adminnester  on  the  estate  of  the  said  Samuell,  Seni"^,  deceased. 

*Att  this  Court,  John   Palmer,  Seni"",  for    deludeing  one    of  the  ma-        [*3-] 
jestrates  about  the  publication  of  his   sons  marriage,  Avas   fined  forty  shil-    ™®' 
lings. 

Zoeth  Rowland,  for  breakeing  the  Sabbath,  fined  ten  shilhngs.  Fine. 

Thomas  Lenard,  for  breaking  the  peace,  fined  00  03'  04'^.  Fine. 

The  rates  to  bee  leuied  by  the  townshipes  of  this  goQment  for  the  pub- 
hcke  charges  of  the  countrey,  as  they  were  ordered  by  the  Com-t  for  this 
yeare,  respecting  the  officers  wages  and  the  charge  of  the  majestrates  table,  is 
as  foUoweth :  — 

Plymouth, 06:00:00 

Duxburrow, 03  :  13  :  00 

Scittuate, 09  :  16  :  08 

Sandwich, 05:09:06 

Taunton, 05:09:06 

Barnstable, 06:00:00 


1661. 

t 

1  October. 

Prence, 

Gou". 


PLYMOUTH    COLONY    RECOKDS. 

Yarmouth, 05:09:06 

Marshfeild, 05  :  09  :  06 

Eehoboth, 08:04:02 

Eastham, 03  :  18  :  00 

Bridgwater, 01  :  16  :  06 

Sowams, 04:01:03 

Cushenag, 01  :  10  :  00 

The  farmes  against  Eoad  Hand,     .     .     .     .  01  :  00  :  00 


"Wheras  very  great  spoyle  hath  lately  bin  made  by  woulues  vpon  all  sorts 
of  cattle  in  sundry  townshipes  within  this  goQment,  to  the  great  detriment 
therof,  this  Court,  therfore,  presumekng  on  the  Generall  Court  of  Deputies 
fauorable  sence  heerof  in  this  exegent,  doe  order  and  declare,  that  it  shall  and 
may  bee  lawfull,  vntill  the  next  Court  of  Election,  for  the  seuerall  townshipes 
to  pay  vnto  any  Indian  or  Indians  that  shall  bringe  into  the  constable,  of  any 
such  townshipe  any  head  or  heads  of  woulues  halfe  a  pound  of  powder  and 
two  pound  of  shott  or  lead  for  euery  head  brought  in  as  aforsaid,  besides  the 
coate  by  Court  order  in  such  case  prouided. 

Att  the  Generall  Court  held  the  10"'  of  June,  1662,  the  deputies  did 
vnanimusly  consent  vnto  the  abouesaid  liberty,  that  it  shall  continew  vntill 
the  Court  shall  see  reason  to  order  otherwise. 


[*4.]  *A  proposition  ordered  to  bee  recorded,  which  was  sent  vnto  the  four 

townes,  vizj.  Sandwich,  Yarmouth,  Barnstable,  and  Eastham,  by  order  of  the 
Court  held  att  Plymouth  October  the  first,  1661,  as  foUoweth,  signed  by  Con- 
stant Southworth,  Treasurer  :  — 

Loueing  Frinds  :  "Wheras  the  Generall  Court  was  pleased  to  make  some 
propositions  to  you  respecting  the  drift  fish  or  whales ;  and  incase  you  should 
refuse  theire  proffer,  they  impowered  mee,  though  vnfitt,  to  farme  out  what 
should  belonge  vnto  them  on  that  account ;  and  seeing  the  time  is  expired,  and 
it  fales  into  my  hands  to  dispose  of,  I  doe  therfore,  with  the  advise  of  the 
Court,  in  answare  to  youer  remonstrance,  say,  that  if  you  will  duely  and 
trewly  pay  to  the  countrey  for  euery  whale  that  shall  come  one  hogshead  of 
oyle  att  Boston,  where  I  shall  appoint,  and  that  current  and  marchantable, 
without  any  charge  or  trouble  to  the  countrey,  —  I  say,  for  peace  and  quietnes 
sake  you  shall  haue  it  for  this  present  season,  leaueing  you  and  the  Election 
Court  to  settle  it  soe  as  it  may  bee  to  satisfaction  on  both  sides;  and  incase 
you  accept  not  of  this  tender,  to  send  it  within  fourteen  dayes  after  the  date 


[*5.] 
20  :  00  :  00 


COURT    ORDERS. 

heerof ;  and  if  I  heai-e  not  from  you,  I  shall  take  it  for  graunted  that  you 
will  accept  of  it,  and  shall  expect  the  accomplishment  of  the  same. 

■\r  .  1  October. 

xouers  to  vse, 

Pbence, 

CONSTANT   SOUTHWORTH,  Treasu.  »"''"• 

Thomas  Bonny  oweth  oui-  soil  lord  the  Kinge  thel    "       '       * 

-      f  ^20:00:00 

sume  01 I 

The  condition,  that  if  the  said  Thomas  Bonny  shall  and  doe  appeer  att  Released. 
the  Court  to  bee  holden  att  Plymouth  the  first  Tusday  in  March  next,  to 
answare  the  complaint  of  Christopher  "Wadsworth  about  wounding  of  a  mare, 
and  not  depart  the  said  Court  without  lycence ;  that  then,  &3. 

•Plymouth,  x  uary  the  lO*"^,  1661.  Henery  Saunders 
acknowlidgeth  to  owe  vnto  our  sou''  lord  the  King 
the  sum  of j 

The  condition,  that  if  Anna  Bessey  shall  and  doe  appeer  att  the  Court  to  Released. 
bee  holden  att  Plymouth  the  first  Tusday  in  March  next,  to  answare  for  her 
vnaturall  and  crewell  carriages  towards  Gorge  Barlow,  her  father  in  law,  and 
not  depart  the  said  Court  without  lycence ;  that  then,  &6. 

Dorcas  Bessey  oweth  our  soQ.  lord  the  Kinge  the  suine  of  10  :  00  :  00. 

The  condition,  that  if  Mary  Bessey  shall  and  doe  appeer  att  the  Generall  Released. 
Court  to  bee  holden  att  Plymouth  the  first  Tusday  in  March  next,  to  answare 
for  her  vnaturall  and  crewell  carriages  towards  Gorg  Barlow,  her  father  in 
law,  and  not  depart  the  said  Court  without  lycence ;  that  then,  &S. 

Mary  Bessey  oweth  our  sovL  lord  the  Kinge  the  sume  of  20  :  00  :  00 

The  condition,  that  if  Dorcas  Bessey  shall  and  doe  appeer  att  the  Gen-  Released, 
erall  Court  to  bee  holden  att  Plymouth  the  first  Tusday  in  March  next,  to 
answare  for  her  vnaturall  and  crewell  carriages  towards  Gorge  Barlow,  her 
father  in  law,  and  not  depart  the  said  Court  without  lycence ;  that  then,  &6. 

An  Acknowlidgment  appointed  to  bee  recorded. 

October  the  1,  1661.  Wheras  I,  Abraham  Peirce,  Juni',  haue  folHshly 
and  vnadvisedly  reported  to  Ruth  Sprague  and  Bethyah  Tubbs,  att  the  house 
of  Francis  Sprague,  that  Rebeckah  Alden  and  Hester  Delanoy  were  withchild, 
and  that  thervpon  wee  should  haue  young  troopers  within  three  quarters  of  a 
yeare,  I  doe  freely  and  from  my  hart  owne  my  faidt  heerin,  and  am  hartily 
sorry  that  I  haue  so  spooken,  to  theire  great  reproch  and  wronge  and  the 
defamation  of  theire  relations,  which  I  earnestly  desire  may  bee  passed  by  of 
them  all ;  and  I  hope  I  shall  for  euer  heerafter  take  heed  what  I  doe  speake 
and  report  of  any  att  any  time. 


8  PLYMOUTH    COLONY    RECORDS. 

1  6  6  1-2.       *Att  the  Generall  Court  holden  att  Plyrmuth  the  4"'  of  March, 


T 

4  March. 

Idbl. 

Peence, 

Befok  Thomas  Prence,  Gou^                  Thomas  Southworth, 

VJOU    • 

[*6.] 

Willam  Collyare,                           Wiliam  Bradford,  and 

John  Alden,                                 Thomas  Hinckley, 

Tho  WiUett, 

Assistants,  &S. 

M 


■R.  THOMAS  PRENCE  is  authorised  by  the  Court  to  giue  an  oath  to 
Hannah,  the  wife  of  the  late  deceased  Nathaniell  Mayo,  att  Eastham, 
for  the  truth  of  the  inventory  of  the  estate  of  the  said  Nathaniell  Mayo. 

The  like  to  Captaine  Thomas  Willett,  for  the  truth  of  the  will  and  inven- 
tory of  the  widdow  Martine,  of  Eehohoth. 

Letters  of  adminnistration  is  graunted  vnto  Hannah,  the  wife  of  the  said 
Nathaniell  Mayo,  deceased,  to  adminnister  vpon  his  estate,  &S. 

The  like  was  graunted  vnto  Faith  Clarke,  widdow,  to  adminnester  on  the 
estate  of  Thirston  Clarke,  deceased. 

Major  Josias  Winslow,  Captaine  "Wiliam  Bradford,  and  Anthony  Snow 
are  deputed  by  the  Court  to  settle  the  bounds  between  the  lands  graunted  to 
Duxburrow  men,  bearing  date  August  the  last,  1640,  and  a  tract  of  land 
graunted  to  Scittuate  men  bearing  date  in  Nouember  following,  and  that  they 
doe  it  with  all  convenient  speed,  and  make  report  therof  vnto  the  Court. 

Conserning  a  controuersy  betwixt  James  Leonard  and  James  Bell,  both 
of  Taunton,  the  Court  haue  ordered  and  deputed  Captaine  WiUett  to  heare 
and  determine  the  same. 

Likewise  the  said  Cap?  Willett  is  deputed  by  the  Court  to  take  course 
with  such  as  entrench  vpon  our  lands  att  Taunton  Riuer,  and  take  the  wood 
or  timber  from  of  the  same,  and  for  that  end  may  imploy  one  as  a  constable 
by  warrant  or  otherwise  to  act  as  occation  shall  require  about  the  same. 

Likewise,  that  incase  the  sqaa,  sachem  should  bee  put  of  her  ground  by 
Talmud,  to  see  that  shee  bee  not  wronged  in  that  behalfe. 

And  hkewise  to  speake  to  Wamsitta  about  his  estranging  land,  and  not 
selling  it  to  our  collonie. 

And  likewise  to  see  justice  don  on  Marda  his  seruant,  for  fornication  the 
second  time. 
[*7.]  *Conserning  a  difference  betwixt  Quachattasett  and  Josias,  of  Nausett, 

Indian  sachems,  the  Coujct  haue  order  M'^  Aldin  and  M'  Hinckley  to  heare 
and  determine  the  same. 


COURT    ORDERS.  9 

Conserning  a  controversy  betwixt  Jone  Tilson,  widdow,  and  John  Barnes,    16  61-2. 
about  the  prise  of  a  cow  by  him  receiued  in  pte  of  the  pay  due  for  the  land    ""^      ">      ^ 
att  Lakenham,  the  Court  haue  ordered,  that  John  Barnes  shall  repay  or  dis-      rpjjjjNCE 
count  the  sume  of  twelue  shillings  vnto  the  said  widdow  Tilson ;  and  soe  the    Goternoe.] 
matter  is  ended. 

Capt  Willett  is  deputed  by  the  Court  to  take  course  that  a  due  enquiry 
bee  made  conserning  the  violent  death  of  Eobert  AUin  att  Eehoboth. 

Att  this  Court,  Wiliam  Bassett,  of  Sandwich,  surrendered  vp  his  libertie, 
graunted  him  formerly  by  the  Court,  to  draw  and  sell  wine,  stronge  waters, 
and  beer,  and  of  prouiding  other  nessesaries  for  the  entertaining  of  strangers. 

Wiliam  Randall,  for  telling  of  a  lye,  fined  ten  shillings.  Fine. 

Wheras  Robert  Whetcombp  and  Mary  Cudworth  was  formerly  fined,  for 
disorderly  coming  together  without  consent  of  theire  parents  and  lawful  mar- 
riage, the  sume  of  ten  pounds,  and  imprisoned  during  the  pleasure  of  the  Court, 
hauerag  since  bine  orderly  married,  and  liueing  orderly  together,  and  follow- 
ing theire  callinges  industriously,  and  attending  the  worship  of  God  dilligently, 
as  is  testifyed  by  some  of  theire  naighbours  of  good  report,  the  Court  haue 
seen  good  to  remitt  fine  pounds  of  the  said  fine ;  in  respect  alsoe  of  theire 
pouertie,  the  Treasurer  is  ordered  likewise  to  bee  slow  in  demaunding  the 
remainder. 

The  Court  ordered,  that  wheras  Wiliam  Randall  trauersed  his  present- 
ment about  the  teling  of  the  lye  for  which  hee  was  afterwards  fined  as  aboue- 
said,  the  charge  of  the  jury  should  bee  payed  by  the  said  Randall,  and  that  the 
Treasurer  should  demaund  it  when  hee  demaunds  his  fine. 

*The  agents  for  the  towne  of  Yarmouth  appeering  att  this  Court,  accord-         r*8.] 
ing  to  agreement,  to  debate  and  determine  a  difference  between  them  and 
others  about  whales,  were  desked  by  the  Court  to  giue  in  thire  result  consern- 
ing that  matter  vnto  the  Court,  as  being  that  whervnto  they  would  stand  ;  who 
gaue  in  theire  answare  as  foUoweth  :  — 

The  sixt  of  the  first  month,  fi 
Right  Wor^'i :  Wee  intreat  youer  worshipes  reddily  to  accept  these  few 
lines  for  a  positiue  answare,  to  which  wee  promise  to  stand :  that  the  Treas- 
ui-er  shall  haue  the  two  barreUs  of  oyle  out  of  each  whale,  according  to  his 
proposition  made  vnto  vs  for  the  yeare  past,  soe  as  there  may  bee  a  full  end 
of  what  troubles  hath  formerly  past  about  it.     Witnes  our  hands, 

ANTHONY  THACHER, 
ROBERT   DENIS, 
THOMAS   BOARDMAN, 
RICHARD   TAYLER. 

VOL.    IV.  2 


10  PLYMOUTH    COLONY    RECORDS. 

166  1-2.  The  Court,  liaueing  considered  of  thii-e  retui-ne,  haue  accepted  of  the 

same ;  and  soe  the  said  differenc  is  ended  in  refference  to  things  past  about 
the  same. 


4  March. 

Pbenci:, 

GouK. 


An  order  directed  to  Eichard  WilHams  and  "Walter  Deane,  of  Taunton, 
as  foUoweth  :  — 

Wheras,  by  an  order  of  Court  bearin  date  the  first  of  October,  1661, 
libertie  was  graunted  vnto  Jone  Miller  to  make  sale  of  a  quarter  pte  of  the 
land  of  Thomas  Goggen,  deceased,  and  that  what  it  should  bee  sold  for 
should  bee  improued  for  the  releife  of  Bathsheba  Coggen,  att  youer  descre- 
tions,  these  are  therfore  to  signify  vnto  you,  that  the  Courts  order  farther  is, 
that  whatsoeuer  shalbee  improued  of  the  said  land  sold  for  the  releife  of 
the  said  Bathsheba  Coggen,  that  you  take  suiRcient  securitie  of  the  said  Jone 
MiUer,  in  the  behalfe  of  the  Court,  for  the  same  before  it  be  let  goe  out  of 
youer  hands. 

The  Courts  order. 

Pmee,         NATHANIELL   MOKTON,  Clarke. 

The  Court  James  Walker  was  authorised  by  the  Court  to  adminnister  an  oth,  as 

j°^     Waike    o'^'^^tion  shall  require,  att  Taunton,  as  alsoe  to  marry  psons,  as  occation  shall 
to  sellebrate      require,  vntill   the    next  June   Coua't.       This   order  was   c  x    att   June   9''^, 

marriage  in  the 

towneofTaun-  1662,  soe  that  the  said  James  Walker  is  to  giue  oath  &  marry,  as  aboue- 

ton  Tntell  •-, 

June.  1684.         ®''■^"• 

r»9.]  *Anna  Bessey,  for  her  crewell  and  vnaturaU  practice  towards  her  father 

Fine.  in  law.  Gorge  Barlow,  in  choping  of  him  in  the  backe,  notwithstanding  the 

odiousnes  of  her  fact,  the  Court,  considering  of  som  sercomstances,  vizj,  her 
ingeniouse  confession,  together  with  her  f  sent  condition,  being  with  child,  and 
some  other  pticulares,  haue  sentanced  her  to  pay  a  fine  of  ten  pounds,  or  to 
bee  publickly  whipt  att  some  other  convenient  time  when  her  condition  will 
admitt  therof. 

Dorcas  Bessey  and  Mary  Bessey,  for  carriages  of  like  nature  towards 
theire  said  father  in  law,  though  not  in  soe  high  a  degree,  were  both  sen- 
tanced to  sit  in  the  stockes  during  the  pleasure  of  the  Court ;  which  accord- 
ingly was  pformed.  The  younger,  vizj,  Mary  Bessey,  was  sharply  reproued 
by  the  Court,  as  being  by  her  disobeydience  the  occationer*  of  the  euill  aboue- 
mencioned. 

Gorg  Barlow  and  his  wife  were  both  seuerly  reproued  for  theire  most 
vngodly  liueing  in  contension  one  with  the  other,  and  admonished  to  Hue 
otherwise. 


COURT    ORDERS.  H 

Robert  Barker,  for  his  wife  and  son  theire  changing  of  a  gun  with  an   1  6  6  1-2. 

Indian,  fined  ten  pounds.  ^" — t ' 

And  for  another,  which  hee  changed  with  an  Indian,  — because  the  Court 

°  Pkenoe, 

judgeth  it  was  done  ignorantly, — it  is  refered  vnto  the  Generall  Court  to  bee        Gou'=. 
holden  att  Plymouth  in  June  next,  att  which  Court  hee  was  fined  the  sume    ™^' 
of  forty  shillings. 

John  Hawes,  for  relateing  a  scandulous  report,  for  which  hee  hath  not  Fine. 
produced  sufficient  ground  for  it,  is  fined  ten  shilUngs. 

Josepth  Turner,  for  bringing  a  scurrilous  message  vnto  the  major,  ac- 
knowlidged  his  fault  to  the  Court,  and  promised  to  satisfy  the  said  major,  and 
soe  is  cleared. 

Eichard  Marshall,  for  many  wicked  and  filthy  speeches  and  actions,  as 
alsoe  for  many  other  practices  tending  to  the  destui-bance  of  naighbourhood, 
was  sentanced  by  the  Court  to  bee  publickly  whipt,  which  accordingly  was 
executed ;  and  his  master,  John  Turner,  of  Taunton,  was  warned  by  the  Court 
to  take  course  that  the  said  Eichard  Marshall,  his  servant,  shall  carry  better 
amongst  his  naighbours,  or  otherwise  to  rid  him  out  of  the  towne. 


*Mt  the  Court  of  Assistants  held  att  Plymouth  the  seauenth  Day  of    1662. 

May,  1662.  " — ^"^ 

7  May. 

Before  Wiliam  Collyare,  Thomas  Southworth,  and  [  10.] 

John  Aldin,  Wiliam  Bradford, 

Assistants. 

CONCERNING  a  difference  betwixt  Abraham  Jackson  and  Rose,  the  wife 
of  Thomas  Morton,  the  said  Abraham  complaining  that  the  said  Rose, 
as  hee  came  from  worke,  did  abuse  him  by  calling  of  him  lying  rascaU  and 
rogue,  which  was  testifyed  by  Jonathan  Prat  likewise,  vpon  oath,  the  Court 
declared,  and  ordered  to  bee  recorded,  that  they  apprehend,  that  notwith- 
standing her  soe  peremptory  deneyall  that  shee  called  him  rogue,  they  doe 
beleiue  that  shee  soe  did  call  him ;  and  wheras  shee  owned  that  shee  called 
him  lying  rascaU,  and  said  shee  was  sorry  for  it,  and  promised  to  bee  more 
carfaU  of  her  words  for  the  future,  they  haue  for  the  ^sent  pased  it  by. 

The  Court  haue  condemned  a  pcell  of  tarr  attached  att  the  suite  of  James 
Cole,  Seni',  of  Josepth  Eamsdens,  for  a  debt  the  said  Ramsden  owed  him ; 


12  PLYMOUTH    COLONY    RECORDS. 

1662.     and  wheras  it  appeered  to  bee  to  little  to  satisfy  the  said  debt,  it  being  three 
'~"'    ^      ^    barrells  that  should  haue  bine  attached,  and  but  a  barrell  and  an  halfe  that 

7  May.  .      ^ 

PiiENCE  could  bee  found,  the  said  Cole  and  Ramsden  haue  agreed  for  the  remainder 
Gou".        betwixt  themselues. 

The  Court  doe  allow  vnto  John  Sprague  three  shillings  for  himselfe  and 
his  horse  a  day,  imployed  about  the  contrey  seruice  in  goeing  to  Duxburrow 
and  returning  about  Joshua  Cockshall. 

The  Court  condemned  three  barrells  of  tarr  attached  att  the  suite  of 
Gyles  Eickard,  Junier,  against  Josepth  Kamsden. 

A  paire  of  wheeles  belonging  to  the  said  Eamsden  were  released,  being 
formerly  attached  att  the  suite  of  John  Barnes,  because  none  appeered  for  the 
said  Barnes  to  cleare  vp  the  debt  which  they  were  attached  to  satisfy  for  out 
of  the  estate  of  Josepth  Ramsden. 

[*11.]  *Wee,  whose  names  are  vnder  written,  being  impannelled  on  a  jury  to 

view  the  dead  body  of  Thirston  Clarke,  Seni'',  of  Duxburrow,  and  to  enquire 
by  what  meanes  hee  came  by  his  death,  — 

"Wee  find,  vpon  serch  and  enqidry,  that  the  weather  being  could  and 
snowey,  hee  came  on  that  side  of  Joanes  Riuer  which  is  on  Duxbiurrow  side, 
vpon  his  returne  from  Plymouth,  endeavoring  to  come  home,  and  came  neare 
home  ;  and  by  his  track  in  the  snow  wee  find  that  hee  had  wandered  to  and 
fro  and  lost  himselfe,  and  did  soe  wilder  that  hee  came  vpon  a  flatt  nygh  the 
place  called  the  Longe  Point  vpon  the  said  flatt,  which  is  now  in  the  posses- 
ion of  Josepth  Andrews,  and  that  hee  was  found.  Vpon  serch  being  made 
by  diners,  the  first  thing  that  was  found  was  a  baskett,  with  diners  smale 
comodities,  some  distance  fi-om  him ;  and  after  that  there  was  found  his  capp, 
with  his  staffe  and  one  mitting,  somwhat  nigher  to  his  body  ;  and  after  that 
his  body  was  found,  being  couered  with  some  iyce  vpon  him.     His  body  was 

This  following  ^^^^'^^  by  ^^>  ^^^  "^ee  find  the  cercomstances  heerof,  that  the  iyce,  with  the 

■was  margined    cold  and  Water,  was  the  cause  of  his  death. 

in  the  originall 

before  giuen  Duxberry,  the  8"^  of  the  10'^  (61.) 

into  the  Court, 

andheforethe       JOSEPTH   ANDREWES,  JOHN    ROGERS, 

Ihe™""'      CHRISTOPHER  WADSWORTH,         GORGE   TURNER, 
That  hee  was        JOHN  TRACYE,  JOHN   ROBBINS, 

lost,  as  wee 

conceiue.in  JOHN   SPRAGUE,  JOSEPTH   PRIOR, 

Itrsretf'did      GORGE   PARTRICH,  EXPERIENCE   MICHELL, 

bewilder  him-        JOSEPTH  WADSWORTH,  SAMUELL   SEABURRY 

selfe,  the  sixt 

of  this  instant  Soe  sayeth  one,  and  soe  they  say  all. 

December, 
1661. 


COURT    ORDERS. 


13 


*The  names  and  verdict  Ypon  oath  of  the  enquest  impannelled  by  Captaine      1662. 
Thomas  Willett,  by  order,  for  to  enquire  concerning  the  cause  of  the  death  of 


Robert  AUin,  deceased,  the  brother  of  John  AUin,  of  Eehoboth,  which  said 
Robert  Alhn  died  the  15  day  of  May,  1661. 


sworne. 


'  M"^  Stephen  Paine,  Seni"", 
John  Reed, 
Robert  Abell, 
John  Butterworth, 
Robert  Wheaton, 
Roger  Annadowne, 


sworne, 


Leif?  Peter  Hunt, 
Wili  Sabin, 
James  Browne, 
Richard  Bullocke, 
Josepth  Carpenter, 
Richard  Whittacus. 


These,  haueing  viewed  the  dead  body  of  the  said  Robert  Allin,  and  heard 
the  relations  of  those  that  were  in  the  house  of  the  said  John  AUin,  where 
hee,  the  said  Robert  Allin,  died,  att  the  time  of  his  death,  doe  with  one  con- 
sent   declare,  that   hee    came  by  his   death  by  laying  violent   hands  vpon 

himselfe. 

THOMAS   WILLETT. 

Dated  att  Rehoboth  the  22«"^*  of  Aprill,  1662. 


22  April. 

Peence, 

Gou«. 

[*12.] 


*Mt  the  Generall  Court  held  att  Plymouth  the  third  Day  of  June, 


1662. 

Befoke  Thomas  Prence,  GoQ, 
Wiliam  Collyare, 
John  Aldin, 
Josias  "Winslow, 

Assistants,  &6, 


Thomas  Southworth, 
Wiliam  Bradford,  and 
Thomas  Hinckley, 


M 


R  THOMAS  PRENCE  was  chosen  Gou',  and  sworne. 

Wiliam  Collyare, 
John  Aldin, 
Thomas  Willett, 
Josias  Winslow, 
Thomas  Southworth, 
Wiliam  Bradford,  and 
Thomas  Hinckley, 


were  chosen  Assistants,  and  sworne. 


3  June. 


14 


PLYMOUTH    COLONY    RECORDS. 


1662. 

3  June. 

Pbenoe, 

Gou=. 

[*13.] 


Major  Josias  Winslow  and  Captaine  Thomas  Southworth  were  chosen 
comissioners ;  M."  Thomas  Prence  was  the  next  in  nomination. 
Constant  Southworth  was  chosen  Treasurer,  and  sworne. 

*The  names  of  the  deputies  of  the  seuerall  townes  of  this  jurisdiction 
whoe  serued  att  this  Court  are  as  foUoweth :  — 


John  Dunham,  Seni', 
Kobert  Finney, 
John  Morton, 
Ephraim  Morton, 
M"^  Constant  Southworth, 
Wiliam  Paybody, 
Leiftenant  James  Torrey, 
Cornett  Eobert  Studson, 
Thomas  Burgis, 
Wiliam  Bassett, 
Leift  James  Wyatt, 
James  "Walker, 


M'  Tho  Howes, 
Richard  Saeres, 
Henery  Cobb, 
Nathaniell  Bacon, 
LeiR  Perrigrine  White, 
Ensigne  Marke  Eames, 
Leift  Peter  Hunt, 
Henery  Smith, 
Leift  John  Freeman, 
Josias  Cooke, 
Wiliam  Britt. 


The  Grand  Enquest. 


sworne, 


'M'  Anthony  Thacher, 
M'  Josepth  Tildin, 
M"^  AUexander  Standish, 
Anthony  Snow, 
Austine  Bearce, 
Gorg  Macye, 
Wiliam  Maycomber, 
Daniell  Smith, 
Samuell  Newman, 
John  Otis, 
Jacob  Cooke, 


r  Wiliam  Clarke, 
Francis  West, 
Thomas  Caswell, 
Wiliam  Twiney, 
John  Miller, 
sworne,  <[  Arther  Hathawey, 
John  Carey, 
Gorge  Lewis, 
Jacob  Burgis, 
Thomas  Tupper. 


[*14.] 


*The  Constables  of  the  seuerall  Townes. 

Plymouth, Abraham  Jackson. 

Duxburrow, Benjamine  Bartlett. 

„  .  f  John  Bryant, 

Scittuate, w  1     -r. 

(^  John  Daman. 


COURT    OEDERS. 


15 


Sandwicli, Thomas  Dexter. 

Taunton, WiHram  "Witherell. 

Yarmouth, Edward  Sturgis. 

Barnstable, Thomas  Huckens. 

,  „  ., ,  f  Cap?  Nathaniell  Thomas, 

Marshfeild, -^  ^/ 

l^  Thomas  Little. 

Kehoboth, Nathaniell  Paine. 

Eastham, Nicholas  Snow. 

Bridgwater, John  Eames. 

Acushenah, Samuell  Jeney. 

Surveyors  of  the  Highwaies. 

'  Josepth  Warren, 


1662. 

3  June. 

Prenoe, 

Gou"'. 


Plymouth, 

Duxburrow, 

Scittuate, 

Sandwich, 


Taunton, 


Yarmouth, 

Barnstable, 

Marshfeild, 

Rehoboth, 

Eastham, 


Thomas  Lettice, 

Francis  Combe. 
(  Christopher  Wadsworth, 
[Moses  Simonson. 
[James  Doughtey, 
\  Stephen  Vinall. 

Thomas  Burgis, 

Richard  Chadwell. 

Anthony  Slocome, 

Wiliam  Harvey. 

M"^  John  Joyce, 

Wiliam  Eldred. 
[Thomas  Lewis, 
!_  Moses  Rowley. 

John  Rouse, 

Wiliam  Foard,  Juni"^. 

{Nocholas  Hyde, 
John  Pecke. 
f  Gyles  Hopkins, 
1  Thomas  Paine. 


*Att  this  Court,  M'  Wiliam  Hedge  was  alowed  and  approued  by  the 
Court  to  bee  captaine  of  the  milletary  companie  of  Yarmouth. 

James  Leanard,  of  Taunton,  was  freed  from  training  in  the  milletary 
companie  of  Taunton  in  reference  to  his  calling,  being  a  bloomer,  and  in 
respect  to  a  former  order  of  Court  wherin  hee  was  exempted  in  that  respect. 


[*15-] 


3  June. 
Prence, 


16  PLYMOUTH    COLONY    EECOKDS. 

1662.  Wheras  Thomas  Little,  of  Marshfeild,  hath   bought   a  farme    land  in 

Marshfeild,  -which  was  somtimes  the  land  of  Major  Wiliam  Holmes,  deceased, 
and  hath  build,  fenced,  and  otherwise  bestowed  labour  theron,  wherby  it  is 
Gov".  much  bettered  since  hee  came  to  improue  it  and  inherite  it,  the  Court  haue 
ordered,  for  the  securitie  of  the  said  Thomas  Little,  hee,  his  heires,  exequitors, 
and  adminnestrators,  that  incase  any  one  shall  come  in  future  time  and  lay 
claime  to  the  said  lands,  and  cleare  vp  a  better  title  then  the  said  Thomas 
Little  hath  thervnto,  that  then  such  as  soe  doe  shall  then  fully  satisfy  vnto  the 
said  Thomas  Little,  or  his  heires  or  assignes,  the  full  worth  of  whatsoeuer 
laboure  or  charge  hee  hath  bine  att  on  the  same  lands  as  abousaid,  before  they 
enter  on  the  posession  therof. 

Vpon  the  complaint  of  Edward  Perrey,  of  Sandwich,  that  the  marshall 
had  attached  his  meddow  on  the  account  and  att  the  suite  of  Henery  Saunders, 
it  being  a  mistake  in  the  marshall,  the  Court  haue  ordered,  that  the  said 
Saunders  shall  quit  his  claime  thervnto,  and  surrender  it  to  the  right  owner, 
and  lett  him  enjoy  it  quietly,  and  that  the  said  Henery  Saunders  hath  libertie 
to  take  out  a  new  execution  for  what  is  due  to  him  in  that  behalfe. 

Lres  of  adminnestration  is  graunted  vnto  Mirriam  "Wormall  to  adminnes- 

ter  on  the  estate  of  Josepth  Wormall,  deceased. 

[*16.1  *M'  Timothy  Hatherley  is  heerby  engaged  and  stands  bound  vnto  the 

Att  the  Court   Gofl  and  Court  of  New  Plymouth  in  the  sume  of  an  hundred  pounds,  to  saue 

outh  the  fift      harmless  the  said  GoQ  and  Court  from  any  damage  that  may  arise  by  the 

^^1°^^"}°^^'^'  letters  of  adminnestration  graunted  by  the  Court  vnto  Meriam  Wormall,  wid- 

1664,  Josias  °  •' 

Wormall  en-     dow,  to  adminester  on  the  estate  of  Josepth  Wormall,  deceased. 
Court  for  the  Leiftenant  James  Wyate,  together  with  the  widdow  AUice  Deane,  of 

sixt  p«te  0  t  e  ijaunton,  doe  both  of  them  joyntly  and  seuerally  stand  bound  vnto  the  GoQ 
septh  "Worm-    and  Court  of  New  Plymouth  in  the  sume  of  twenty  pounds,  to  saue  harmles 

all,  deceased; 

and  on  this  the  the  Court  and  vndamnifyed  by  theire  pmitting  of  a  legacye  of  ten  pounds  to 
M°"Hatheriev  ^^^  payed  by  Thomas  Troubridge,  of  New  Hauen,  vnto  Isacke  Dean,  of 
of  the  aboue-    Taunton,  the  said  Isacke  Dean  being  vnder  age. 

said  bonds. 

M"^  Hatherley  is  desired  and  deputed  by  the  Court  to  adminnester  an  oath 
to  the  widdow  Vtley,  of  Scittuate,  for  the  truth  of  the  inventory  of  her  hus- 
bands estate,  whoe  is  lately  deceased,  in  regard  that  shee  is  weake  and  ill,  and 
not  able  to  make  her  psonall  appeerance  att  the  Court. 

Lres  of  adminnestration  is  graunted  vnto  Mistris  AUice  Parker,  of  Taun- 
ton, to  adminester  on  the  estate  of  M"'  Wiliam  Parker,  deceased. 

Lers  of  adminnestration  is  graunted  vnto  James  Leanard,  of  Taunton,  to 
adminnester  on  the  estate  of  Thomas  Billington,  of  Taunton,  late  deceased. 

Att  this  Court,  Tatacomuncah,  an  Indian,  complained  against  Wamsitta 


3  June 

PHENCE, 


COURT    OEDEKS.  17 

for  selling  away  a  necke  of  land  called  Saconett,  which  hee  saith  belongeth     166  2. 
to  him. 

A  like  abuse  a  squa  sachem,  called  Namumpam,  complained  of  against 
Wamsutta ;  and  the  Court  engaged  to  doe  what  they  could  in  convenient  time        Ctou". 
for  theii-e  releife  in  the  f>mises. 

*Conserning  a  cow  belonging  to  Jane,  the  daughter  of  Anthony  Bessey,       [*1'7.] 
of  Sandwich,  the  Court  haue  ordered  Gorge  Barlow,  in  whose  hands  the  said 
cow  hath  bine  for  som  tim,  to  returne  her  to  the  ouerseers  of  the  estate  of  the 
said  Anthony  Bessey,  to  bee  disposed  of  by  them  for  the  vse  and  good  of  the 
said  Jane  Bessey. 

The  Court  haue  remited  fine  pounds  of  a  fine  of  ten  pounds  amerced  on 
Robert  Barker  for  his  wife  and  sone  theire  exchanging  of  a  gun  with  an  Indian. 

And  the  said  Robert  Barker  is  fined  the  suine  of  forty  shilHngs  for 
exchanging  another  gun  with  an  Indian  before  the  abouemencioned,  hee  pro- 
fessing ignorance  and  injeniously  confesing  the  same. 

Wheras  it  hath  bine  giuen  forth  that  diuers  haue  bine  vnsatisfied  about 
the  sale  of  Kenebecke,  and  that  an  oppertunitie  is  lately  presented  vnto  vs 
for  the  haueing  of  it  againe,  the  deputies  haueing  considered  therof,  and  find- 
ing noe  way  presenting  itselfe  by  theire  takeing  of  it  againe  for  the  countreyes 
better  advantage,  haue  with  one  consent  agreed,  that  they  desire  not  to  meddle 
with  it  againe,  but  doe  rattify  the  sale  therof. 

Conseming  a  mare  killed  by  the  Indians  att  Mashpe,  which,  vpon  the 
best  euidence  that  can  bee  had,  is  found  to  belong  to  John  Allin,  of  Sand- 
wich, Paupemamecke  and  Keencomsett  haue  engaged  before  the  Court  that 
the  Indians  shall  pay  the  sume  of  fourteen  pounds  vnto  the  said  John  Allin 
or  his  assignes  betwixt  this  and  the  fifteenth  day  of  Aprill  next  ensueing  the 
date  heerofj  in  manor  and  forme  following,  vizj  :  the  one  halfe  of  it  in  corn 
and  porke,  and  the  other  halfe  in  oysters,  att  prise  current  att  the  payment 
therof;  or  incase  they  can  kill  any  woulues  in  the  intrime,  the  Court  haue 
engaged  to  make  payment  in  theire  behalfe  vnto  the  said  John  Allin  for  soe 
much  as  they  shall  come  vnto  according  to  the  ordinary  rate  that  they  ^  or 
payed  for  killing  of  them  ;  but  incase  they  shall  make  payment  in  specye  as 
abouesaid,  that  then  they  shall  pay  as  much  of  it  as  they  can  to  Nicholas 
Dauis,  and  the  rest  att  ■  Sandwich  to  the  said  John  Allin,  or  his  assignes  in  the 
behalfe  of  the  said  John  Allin. 

*In  reference  vnto  a  desire  of  M"^  CoUyare  about  his        x        of  meddow       [*18.] 
att  the  North  Hill,  in  the  township  of  Duxburrow,  the  Court  haue  ordered 
Major  Winslow  and  M'  Aldin  to  view  and  settle  the  bounds   of  the  said 
meddow. 

VOL.    IV.  3 


18  PLYMOUTH    COLONY    RECORDS. 

1662.  Captaine  Willett  is  appointed  by  the  Court  to  purchase  the  lands  of  the 

""""■^^    "^    Indians  -which  is  graunted  vnto  such  that  were  servants  and  others  that  are 

„    ""^'       ancient   freemen,  which  the       x       thinkes   meet  to   add   to   them   to    haue 

PaENCE,  ' 

Gou".        enterest  in  the  said  graunt,  the  tenure  wherof  is  extant  in  the         x        of  the 

See  booke  of      p 
orders  and  pas-  '-^"U-f''- 

sages  of  the  It  was  further  sraunted  by  this  Court,  that  the  abouesaid  servants  and 

Court,  1661,  °  ■" 

June.  ancient  freemen  shall  haue   libertie,  incase  they  can  not   procure   Saconett 

Necke  according  to  the         x        graunt,  to  looke  out  some  other  place,  vndis- 
posed  of,  for  theire  accomodation. 

Theire  names  are  as  foUoweth  :  — 

James  Cole,  Seni'',  Wiliam  Merricke, 

-fjohn  Hanmore,+  +Gorg  Partrich,+ 

Nicholas  Wade,  Josepth  Beedle, 

Thomas  Williams,  John  Kouse, 

Eichard  Bishop,  Abraham  Sampson, 

Gorge  Vicorey,  John  Vobes, 

Samuell  Chandeler,  John  Irish, 

-1-Eoger  Annadowne,+  Peter  CoUymore, 

Wiliam  Sherman,  John  Haward, 

+Walter  Woodworth,+  Thomas  Pope, 

John  Smaley,  Richard  Beare, 

Wiliam  Tubbs,  Wiliam  ShirtliiFe. 

Eichard  x  as  an  ancient  freeman,  Josias  Cooke  as  a  servant  and 
as  an  x  freeman,  John  W  x  ,  Senir,  as  an  ancient  freeman  and  as  a 
seruant. 

Josias  Cooke  and  John  Was  x    are  to  bee  considered  with  a         x 
portion  in  reference  to  the  condition  abouemensioned,  as  being  both  ancient 
freemen  and  servants. 

A  tract  or  pcell  of  land  is  graunted  to  the  towne  of  Sandwich  lying 
alonge  the  herring  riuer  downe  to  Josias  Standishes  land  att  Manomett. 

In  answare  to  a  petition  prefered  to  the   Court  by  Bridgwater,  it  is 
graunted  by  the  Court,  that  the  meddow  land  lying  northward  and  west- 
wards from  the  center  within  the  seauen  miles,  is  graunted  to  the  towne  of 
Bridgwater. 
r*19.1  *Iii  reference  to  a  petition  prefered  to  the  Court  by  sundry  of  the  fi-ee- 

men,  and  in  reference  vnto  a  graunt  made  to  some  to  looke  out  accomoda- 
tions of  land,  as  being  the  first  borne  children  of  this  goflment,  and  for  the 


COURT    ORDERS. 


19 


disposing  of  two  seuerall  tracts  of  land  lately  purchased,  the  one  by  Major 
Winslow  and  the  other  by  Captaine  Southworth,  the  Court,  haueing  viewed 
the  seuerall  lists  of  the  names  of  those  that  desired  to  bee  accomodated  therin, 
haue  settled  it  vpon  those  whose  names  follow  :  — 


1662. 

3  June. 

Peence, 

Gou«. 


M'  Prence, 
M'  Bradford, 
Major  Winslow, 
M' Aldin, 
Wiliam  MulHns, 
M'  Brewster, 
M'  Howland, 
Francis  Cooke, 
Leiftenant  Fuller, 
Leiftenant  "White, 
Wiliam  Pontus, 
Steuen  Dean, 
Phillip  Delanoy, 
M'^  John  Winslow, 
John  Adams, 
Peter  Browne, 
John  Shaw, 


Anthony  Anible,  for  his  daughter, 

Hannah  Burman, 
Francis  Sprague, 
Gorg  Soule, 
Nathaniell  Warren, 
Samuell  Fuller,  Juni"",  of  Plymouth, 
Andrew  Einge, 
Francis  Billington, 
Moses  Simonson, 
Eesolued  White, 
Wiliam  Bassett, 
Edward  Bumpas, 
Samuell  Eedey, 
Wiliam  Hoskins, 
Gorg  Partrich, 
Wiliam  Nelson,  by  right  of  his  wife. 


X  dders 
X    to  sell  of 
X  idg  to  be 
X  oyed  by 
X    Winslow 

were 
X 
X 

both 

due. 


Edward  Gray  to  haue  a  double  share,  to  bee  layed  forth  together. 

It  is  ordered  by  the  Court,  that  those  to  whom  these  lands  were  disposed 
shall  come  to  a  deuision  therof  within  two  monthes  after  the  date  heerof,  and 
satisfy  all  disbursments  for  the  purchase  therof,  both  to  the  major,  Edward 
Gray,  or  any  others ;  and  incase  they  shall  not  come  to  a  deuision  within  two 
monthes  as  abouesaid,  that  then  Edward  Gray  may  sett  his  house  in  any  place 
within  the  said  tract,  and  that  thervnto  hee  shall  haue  a  double  portion  layed 
out  to  him,  and  to  haue  libertie  likewise  to  mow  any         x         x         x 

*In  reference  vnto  a  former  graunt  to  sundry  ancient  freemen  of  the  towne 
of  Taunton,  to  looke  out  lands  for  theire  accomodation,  and  in  answare  to  the 
request  of  some  others  that  are  joyned  with  them  in  desireing  accomodations 
of  land,  the  Court  haue  graunted  vnto  them  that  they  shalbee  accomodated  on 
the  lands  on  the  northerly  bounds  of  Taunton,  and  that  the  major,  Captaine 
Southworth,  and  Captaine  Bradford  are  appointed  by  the  Court  to  purchase 
the  same  of  the  Indians  in  the  behalfe  of  those  heerafter  named,  prouided  that 
which  shalbee  purchased  shall  not  bee  prejudiciall  to  the  Indians. 


Alsoe, 
X   by  the 
X   that  none 
X    enjoy 
X   in  two 
X   the 
X  d 

X   othe 
X    .    X 


[*20.] 


3  June 
Prence, 


PLYMOUTH    COLONY    RECORDS. 

Captaine  Thomas  Southworth,  Josepth  Warren, 

M'  "Wiliam  Parker,  Leif!  James  "Wyate, 


M'  Henery  Andrews,  Jolin  Morton, 

Gou".  John  Parker,  Ephraim  Morton, 

Gabriell  Fallowell,  Eobert  Finney, 

Gyles  Rickard,  Seni%  Ensigne  Marke  Eames, 

Eichard  Wright,  Wiliam  Paybody, 

Anthony  Snow,  Gorge  Hall, 

Nathaniell  Morton,  John  Deane, 

M'  John  Gilbert,  Walter  Deane, 

Captaine  Poole,  John  Dunham,  Juni', 

James  Walker,  John  Eogers, 

Eichard  Williams,  Gorge  Bonum, 

John  Wood,  Jonathan  Briggs, 

Henery  Wood,  Dauid  Briggs, 

Wiliam  Harlow,  John  Bundey. 

It  is  ordered  by  the  Court,  that  the  abouesaid  land  shalbee  purchased  by 
the  next  June  Court,  and  not  to  exceed  such  a  proportion  as  is  suitable  in 
quantity  to  soe  much  as  such  a  number  as  those  haue  that  had  a  graunt  with 
the  major  in  those  two  graunts  or  tracts  before  mencioned  in  this  booke. 
r*21.1  *-'-^  reference  vnto  an  order  of  Court  bearing  date  the  first  of  March, 

1641,  the  Court  haue  graunted  an  inlargement  and  accomodation  of  land  vnto 
the  towne  of  Barnstable,  according  to  theire  desire  expressed  in  that  order. 

A  Deposition  about  Land  appointed  to  bee  recorded. 

10  June.  Our  towne  appointed  mee,  with   others,  to    purchase   of  Osamequin  a 

tract  of  land  about  a  place  knowne  to  our  towne  by  the  name  of  Satuckett, 
which  wee  did  from  the  center  six  miles,  which  center  is  the  ware  in  the  riuer 
aboue  expressed,  and  wee  paid  him  for  it^  the  writing  or  deed  expressed 
vnder  Osamequins  hand  was  seauen  miles. 

The  oath  of  M'  Constant  Southworth,  Leif?  Nash,  alsoe  being  deposed 
to  the  same  in  the  Court  held  in  Plymouth  the  10*  of  June,  1662. 
Attested  p  me, 

NATHANIELL  MOETON,  Clarke. 

An  other  Testimony  about  Land  appointed  to  bee  recorded,  as  foUoweth. 

This  testifyeth,  that  when  Captaine  Standish  was  there  to  sett  out  the 
Indians  land,  that  then  Napoietan,  the  sagamore,  told  M'  Winslow  and  the 


COURT    ORDERS.  21 

rest  of  the  companie  that  hee  gaue  the  one  halfe  of  that  land  to  Tacomacus ;      1662. 
soe  hee  and  his  wife  and  children  haue  enjoyed  it  euer  since.  '       '        ' 

10  June. 

HENERY   COBB.  Prenoe, 

Gou". 

*M'^  Aldin  and  the  major  are  appointed  by  the  Court  to  sett  out  the  bounds       [*22.] 
bet^vixt  Barnstable  and  Sandwich,  and  to  end  any  difference  that  is  betwixt 
them  and  the  Indians  about  any  graunt  of  lands. 

The  Treasui-er  is  appointed  by  the  Court  to  take  order  and  agree  with  a 
Avorkeman  to  repaire  the  house  bought  by  the  countrey  of  Edward  Gray. 

The  major,  Cap?  Southwor^,  and  Cap?  Bradford  are  appointed  by  the 
Court  to  draw  vp  a  forme  of  coinission  for  milletary  officers,  vizj,  captaines, 
leiftenants,  and  ensignes,  which  shalbee  in  a  reddines  to  bee  viewed  by  the 
coimcell  of  warr  att  the  next  generall  training ;  and  if  by  them,  or  any  seauen 
of  them,  approued,  then  to  bee  established.  Aded  vnto  these  abouemensioned 
for  advise  and  councell,  Leiftenant  Torrey,  Leiftenant  White,  Leiftenant  Kash, 
and  Cornett  Studson. 

M'  Josepth  Pecke  is  authorised  by  the  Court  to  graunt  a  replevin  to  any, 
the  owners  of  cattle,  that  shall  treaspas  in  the  liberties  of  Eehoboth,  and  are 
or  shalbee  impounded. 

A  deputie  of  euery  towne  in  the  goflment  was  appointed  to  take  the     . 
account  of  the  Treasurer,  vizj,  of  those  that  were  now  att  the  Court. 

Theire  names  are  as  foUoweth  :  — 

John  Morton,  Nathaniell  Bacon, 

"Wiliam  Paybody,  Leiftenant  Peregrine  White, 

Leiftenant  James  Torrey,  Leif?  Peter  Hunt, 

Wiliam  Bassett,  Leiftenant  John  Freeman, 

Leiftenant  Wyate,  Wiliam  Britt. 
M''  Thomas  Howes, 

See  the  account  in  the  Treasurers  booke  in  anno  1663. 

*The  Treasurer,  Wiliam  Paybody,  and  Wiliam  Britt  are  appointed  by  r*g3.] 
the  Court  to  see  the  lands  of  Captaine  Standish  about  Satuckett  Pond  layed 
forth,  soe  much  as  was  graunted  to  him,  which  is  about  two  hundred  and 
thirty  acres,  if  it  bee  there  to  bee  had,  a  quarter  pte  of  the  first  graunt  being 
taken  out,  and  Josias  Standish  haueing  other  lands  alowed  to  him  att  Man- 
nomett. 

Wheras  M'  Thomas  Dexter,  Seni%  complaineth  of  abuse  and  wronge 
done  him  by  Leiftenant  Puller,  and  sundry  of  his  naighbours,  by  pulling  vp 


22 


PLYMOUTH    COLONY    RECOKDS. 


1662. 

' V 

10  June. 

Peenoe, 

Gou». 


[*24.] 

Thomas  Bird 
was  whipt  the 
first  time  att 
this  Court. 


The  said  In- 
dian was  whipt 
att  this  Court. 


of  his  fence  and  turning  in  cattle,  &6,  and  that  now  att  Plymouth  the  said 
Thomas  Dexter  speaking  with  the  said  Leiftenant  Fuller  about  that  matter, 
hee  engaged  to  giue  him  meeting  before  the  Court,  that  soe  the  Court  might 
haue  the  hearing  of  the  case,  which  hee  neglected  to  attend,  the  Court  ther- 
fore  orders  and  doth  heerby  require,  that  the  said  Leiftenant  Fuller  and  all 
others  that  haue  damnifyed  him,  the  said  Thomas  Dexter  as  aforsaid,  by  pull- 
ing vp  his  fence  and  the  like,  doe  sease  from  soe  doeing  all  this  f  sent  summer 
vntill  the  next  October  Court ;  and  that  att  the  said  Court  there  may  bee  a 
hearing  of  the  case,  and  such  determination  as  the  Court  shall  see  reason. 

The  Court  haue  authorised  M"^  Timothy  Hatherly  to  soUemise  the  ordi- 
nance of  marriage  in  the  township  of  Scittuate  as  occation  shall  require,  and 
likewise  to  adminnester  an  oath  to  any  to  give  euidence  for  the  tryall  of  a 
cause,  and  alsoe  to  adminnester  an  oath  to  any  that  shall  giue  eiudence  to  the 
grand  enquest  as  occation  shall  require  within  the  township  of  Scittuate. 

The  Court  doe  likewise  authorise  the  said  M'  Timothy  Hatherly  to 
adminnester  an  oath  to  the  widdow  Vtley  for  the  truth  of  the  inventory  of 
the  estate  of  her  husband,  late  deceased. 

*Att  this  Court,  Thomas  Bird,  for  comitting  of  seuerall  adulterouse  prac- 
tices and  attempts,  soe  farr  as  strength  of  nature  would  pmitt,  with  Hannah 
Bumpas,  as  hee  himselfe  did  acknowlidge,  was  sentanced  by  the  Court  to  bee 
whipt  two  seuerall  times,  vizj,  the  :fij.st  time  att  the  ^sent  Court,  and  the  sec- 
ond time  betwixt  this  and  the  fifteenth  day  of  July  next. 

And  the  said  Hannah  Bumpas,  for  yeilding  to  him,  and  not  makeing 
such  resistance  against  him  as  shee  ought,  is  sentanced  to  bee  publickly  whipt, 
which  accordingly  was  pformed. 

M"^  Timothy  Hatherley  was  requested  and  authorised  by  the  Court  to  see 
justice  done  on  the  body  of  Thomas  Bird  by  publicke  whiping  in  Scittuate, 
according  to  the  abouesaid  sentance. 

And  likewise  the  abouesaid  Thomas  Bird  hath  engaged  to  the  Court  to 
make  payment  of  the  full  suine  of  ten  pounds  vnto  the  abouesaid  Hannah 
Bumpas  or  her  assignes,  in  pte  of  satisfaction  for  the  wronge  hee  hath  done 
her  as  aboueid. 

Att  this  Court,  a  sertaine  Nantuckett  Indian  named  Tetannett,  allis  Ned, 
was,  for  pilfering  and  stealing  sundry  thinges  from  John  Mayo,  of  Eastham, 
centanced  by  the  Court  to  bee  publickly  whipt,  and  alsoe  warned,  according  to 
former  order,  being  a  stranger  in  our  goGment,  to  depart  to  his  owne  place 
att  Nantuckett ;  and  incase  hee  shall  reside  within  this  goQment,  and  bee 
found  therin  any  other  then  as  a  passenger  on  a  journey  or  the  like,  that  then 
hee  shalbee  taken  and  publickely  whipt,  and  sent  home  againe. 


COURT  OEDERS. 

Att  this  Courtj  a  fine  of  forty  shillings  was  remited  to  M'  John  Vincent, 
of  Sandwich,  which  was  by  him  forfeited  for  none  appeerance  att  the  last  June 
Court  to  seme  as  a  deputy. 

Cap?  Bradford,  the  Treasurer,  and  Cornett  Studson  are  appointed  by  the 
Court  to  agree  with  a  workman  to.  mend  Joanses  Eiuer  bridge. 

*The  Xames  of  those  that  are  appointed  by  the  Court  in  the  seuerall  Townes 
of  this  GoSment  to  take  the  Invoice  of  what  Liquors,  Powder,  Shott, 
and  Led  is  brought  into  the  GoGment. 

{John  Morton, 
Wiliam  Harlow. 

_      ,  fM'  Constant  Southworth, 

JJuxburrow, i 

[Benjamine  Bartlett. 

[Edward  Jenkins, 

Scittuate, i  t  i     t-> 

l^John  Daman. 

[Nathaniell  Fish, 

^^^^^'=^' iThomas  Tobey. 

fGorg  Macye, 

iaunton, s  _,        .    c<    vi 

(^Irancis  bmitn. 

TM'  Anthony  Thacher, 

' [Robert  Dennis. 

fNathaniell  Bacon, 

Barnstable, {  -^        ^i    t     ^i 

(^  Josepth  Laythorpe. 

[Anthony  Snow, 

' \  Wiliam  Maycomber. 

[Leift  Peter  Hunt, 

^^^°^°*^' I  Richard  BuUocke. 

[Daniell  Cole, 

' I  Jonathan  Sparrow. 

r  Wiliam  Brett, 

^"^^^*^^' I  John  Willis. 


23 


1662. 

10  June. 

Prence, 

Gou". 


[*25.] 


These  are  to  giue  a  trew  account  of  all  liquors,  wine,  powder,  shott,  and  See  the  law  of 
ledd  that  comes  into  the  coUonie,  and  comes  to  thire  knowHge,  att  the  Gen- 
erall  Courts  of  the  yeare,  according  to  order. 


24  PLYMOUTH    COLONY    RECOEDS. 

1662.     *Att  the  Generall  Court  held  att  Plymouth,  in  New  England,  the  third  Day   , 

"       ^    "^  of  June,  Anno  Dom  1662. 

3  June. 
PsENOE,  Wheras,  notwithstanding  all  former  prouision  made  for  the  pfecting  of 

the  line  betwixt  the  Massachusetts  and  this  collonie,  from  Accord  Pond  west- 
r*26.1 

ward,  hath  bine  hitherto  obstructed,  the  neglect  wherof,  being  soe  greiuious 

to  them  and  vs,  and  soe  hurtfull  in  sundry  respects,  — 

This  Court  doth  therfore  order,  that  Major  Josias  "Winslow,  Capt  Thomas 
Southworth,  and  Cornett  Eobert  Studson  bee  a  comittee  folly  impowered  to 
acte  in  the  pfecting  of  the  sai'd  line,  and  to  conclude  the  right  therof,  accord- 
ing to  the  graunt  of  the  charter  of  our  collonie  ;  whoe  are  to  giue  meeting 
vnto  a  comittee  being  in  like  manor  impowered  by  the  honored  Court  of  the 
Massachusetts  to  acte  therin  in  theire  behalfe,  that  soe  there  may  bee  a  finall 
issue  put  to  that  controuersy ;  and  what  shalbee  by  the  said  coinittees  acted, 
our  said  comittee  are  to  returne  to  our  next  Generall  Court. 

[*27.]  *Wheras  many  controuersies  haue  bine  between  Phillip,  the  sachem  of 

Sowams,  and  Quiquequanchett  and  Namumpam,  his  wife,  and  som  Narra- 
gansett  Indians  that  are  with  them ;  and  the  said  pties  inter sted  haue  desired 
vs  to  take  notice  of  them,  and  by  joynt  agreement  haue  refered  it  to  our 
determination  and  issue ;  wee,  haueing  fully  heard  theire  seuerall  allegations 
and  complaints,  doe  find  that  the  principall  difference  between  them  hath 
arisen  from  the  abouesaid  Quiquequanchett  and  his  wife  entertaining  of  some 
Narragansetts  against  Phillipes  liking  and  good  will  after  conditions  broken, 
and  haueing  well  minded  such  please  as  they  haue  made  for  the  proprietie 
and  royaltie  to  such  places  as  they  haue  bine  soe  entertained,  wee  euidently 
see  that  it  hath  bine  originally  in  the  said  Phillipes  predecessers,  and  is 
acknowHdged  by  the  other  to  haue  bine  from  Phillipes  father  conveyed  to 
him,  and  that  on  the  condition  that  such  as  should  there  live  vnder  him  should 
alwaies  obserue  such  orders  and  costomes  as  they  had  found  amongst  them, 
the  non  obseruance  wherof  hath  bine  a  great  cause  of  theke  ^sent  troubles. 

Wee  doe  therfore  giue  it  as  our  aduise,  for  the  issue  of  the  contestes 
between  the  pties  abouenamed,  that  the  said  Quiquequanchett  and  his  wife 
doe  dismise  such  of  the  said  Indians  as  are,  to  PhilUpes  offence,  entertained 
by  them,  vnles  by  any  agreement  with  him  hee  may  bee  made  willing  to  theire 
continuance  there  on  theire  promise  of  better  carriagfe ;  and  for  returne  of  any 
goods  by  him  taken  from  them,  wee  find  hee  hath  alsoe  bine  treaspased  and 
damnifyed  by  them,  yett  would  haue  him  returne  the  canooes  complained  of, 
or  any  thinge  of  that  nature  that  is  yett  extant,  and  doe  advise  that  all  vnkind- 
nesses  may  bee    buried  between  them,  and   that  the   remembrance    of   this 


8  October. 
Prence, 


COURT    ORDERS.  25 

difference,  ariseing  from  such  smale  begiiiings,  may  for   future  make  them      1662. 

wise  to  liue  in  peace  and  love. 

THOMAS   PEENCE,  GoQ, 
JOHN   ALDEN,  gou«. 

JOSIAS   WINSLOW. 
Plymouth,  October  the  8"^,  1663. 

*Forasmuch  as  there  hath  lately  many  rumers  gon  too  and  frow  of  [*2S.] 
danger  of  the  rising  of  the  Indians  Jtgainst  the  English,  and  some  suspision 
of  theire  ploting  against  vs  to  cut  vs  of,  the  councell  of  warr,  being  assembled, 
saw  cause  and  reason  to  send  vnto  Phillip,  sachem  of  Poconakett,  to  require 
his  appeerance  att  the  Court  held  att  Plymouth  the  sixt  of  August,  1662,  to 
make  answare  vnto  such  intergatories  as  should  bee  proposed  vnto  him  for 
the  clearing  of  the  aforsaid  pticulares,  and  to  deliberate  and  congratulate  with 
him  about  such  matters  as  might  tend  to  a  further  settlement  of  peace,  and 
renewal!  of  former  couenants,  as  hee  seemed  to  desire,  plighted  betwixt  oiu* 
predesessors  and  his  ancestors  ;  and  accordingly  the  said  sachem  appeered  att 
the  Court  abouesaid,  and  after  curtesy  expresed  on  both  sides,  and  a  large 
and  dehberate  debate  of  pticulares,  hee  absolutely  deneyed  that  hee  had  any 
hand  in  any  plott  or  conspiracy  against  the  English,  nor  that  hee  knew  of  any 
such  contrivance  against  them,  and  proffered  his  brother,  vpon  the  Coiu-ts 
demaund,  as  an  hostage  to  bee  secured  vntill  the  Court  could  haue  more  ser- 
tainty  of  the  truth  of  his  defence.  Vnto  which  they  returned,  that  although 
they  had  just  cause  to  require  and  accept  of  his  hostage,  yett  notwithstanding 
they  doe  not  desire  it  att  the  present,  for  such  reason  as  they  then  expressed 
vnto  him.  In  fine,  it  was  concluded  by  the  Court  and  him  mutually,  that  the 
ancient  couenant  betwixt  his  predesessors  and  vs  should  bee  continued ;  an 
abstract  wherof  was  drawne  vp  and  agreed  on  both  ptes,  and  subscribed  both 
by  the  said  Phillip,  the  sachem,  as  alsoe  his  vnkell  and  sundry  other  of  his 
most  considerable  men ;  the  contents  of  which  said  couenant  and  subscribsion 
is  as  followeth  :  — 

*Att  a  Court  of  Assistants  held  att  Plymouth  on  the  sixt  day  of  August,  e  August. 
anno  Dom.  1662,  Phillip,  allis  Metacum,  sachem  of  Pocanokett,  makeing  his  [*29.] 
appeerance,  did  earnestly  desire  the  continuance  of  that  amitie  and  frindship 
that  hath  formerly  bine  between  this  goQment  and  his  deceased  father  and 
brother ;  and  to  that  end  the  said  Phillip  doth,  for  himselfe  and  his  successors, 
desire  that  they  may  for  euer  remaine  subject  to  the  Kinge  of  England,  his 
heires  and  successors,  and  doth  faithfully  promise  and  engage  that  hee  and 

VOL.    IV.  4 


26 


PLYMOUTH    COLONY    KECORDS. 


1662. 

6  August. 

Peence, 

Gou". 


his  will  truely  and  exactly  obserue  and  keep  inviolable  such  conditions  as  haue 
bine  by  his  predecessors  formerly  made,  and  pticularly  that  hee  will  not  att 
any  time  needlesly  or  vnjustly  prouoake  or  raise  warr  with  any  other  of  the 
natiues,  nor  att  any  time  giue,  sell,  or  any  way  dispose  of  any  lands  to  him 
or  them  appertaineing  to  any  strangers,  or  to  any  without  our  priuity,  consent, 
or  appointment,  but  will  in  all  thinges  indeauor  to  carry  peacably  and  inofFen- 
ciuely  towards  the  English. 

And  the  said  Court  did  then  alsoe  expresse  theire  wilhngnes  to  continew 
with  him  and  his  the  abouesaid  frindship,  and  doe  on  theire  pte  promise  that 
they  will  afoard  them  such  frindly  assistance  by  aduise  and  otherwise  as  they 
justly  may ;  and  wee  will  require  our  English  att  all  times  to  carry  frindly 
towards  them.  In  witnes  wherof  the  said  Phillip,  the  sachem,  hath  sett  to 
his  hand,  as  alsoe  his  vnkell,  and  witnessed  vnto  by  sundry  other  of  his 
cheifemen. 

The  marke  of  ^    PHILLIP,  allis  METACUM, 

Sachem  of  Pocanakett, 
The  marke  of  x^t:^^  VNCUMPOWETT, 

Vnkell  to  the  abouesaid  sachem. 
Witnesse  John  Sasomon, 

The  marke  of  /      (      )  Francis,  the  sachem  of  Nausett, 
The  marke  of  Nimrod  /^T\,  allis  Pumpasa, 
The  marke  (^    of  Punckquaneck, 
The  marke  0^d9  of  Aquetaquesh. 


3  October. 

*Att  the  Generall  Court  holde\ 

n  att 

P{ 

ynwuth  the  third  of 

[*30.] 

Before  Thomas  Prence,  Gou'', 
Wiliam  CoUyare, 
John  Aldin, 
Josias  "Winslow, 

1662. 

Thomas  Southworth, 
"Wiliam  Bradford,  and 
Thomas  Hinckley, 

Assistants, 

&6 

!, 

M«  WILLAM  COLLYARE  and  M'  John  Aldin  are  appointed  by  the 
Coui-t  to  view  and  bound  an  addition  of  land  graunted  vnto  Captaine 
Bradford,  in  some  convenient  place  for  him  adjoyning  to  the  land  hee  hath 
att  Stonybrooke. 


COURT    ORDERS.  27 

M'  John  Bradford  and  M"^  Josepth  Bradford  are  to  bee  considered  in  an      1  6  G  2. 
accoinodation  of  land  in  that  which  Captaine  Willitt  hath  purchased  on  the 

north  bounds  of  Rehoboth  or  elswhere.  Since  aded  thervnto  Henery  Samp- 

son,  Edwa:  Dotey,  John  vVhiston. 

Wheras  M"^  CoUyare  complaineth  that  the  records  of  his  grarint  att  the 
north  hill  are  lost  and  cannot  bee  found,  both  of  the  vpland  and  mcddow,  the 
Coui-t  hath  ordered,  that  M'^  Aldin  and  Major  Winslow  shall  view  the  same 
land,  and  bring  report  of  it  to  the  next  March  Court,  that  soe  it  may  bee 
recorded  as  neare  as  may  bee  according  to  the  first  graunt. 

Att  this  Court,  a  tender  Avas  made  vnto  Samuell  Hickes  by  the  Court  to 
come  to  an  equall  deuision  with  others  enterested  in  the  lands  of  INI"'  Robert 
Hickes  att  Accushena,  Coaksett,  and  places  adjacent ;  and  the  said  Samuell 
Hickes  hath  refused  the  same  ;  and  therfore  the  Court  is  nessesitated  to 
appoint  some  to  deuide  it  to  such  as  are  by  M'  Hickes  his  will  enterested 
therin  in  such  proportion  as  the  said  land  will  beare ;  and  the  Court  haue 
accordingly  appointed  Samuell  Jenney,  James  Shaw,  and  Arther  Hathewey  to 
doe  the  same. 

Conserning  a  coult  enquired  after  by  John  Sutton,  att  Rehoboth,  it  is 
ordered  by  the  Court,  that  hee  shall  haue  the  said  coult  into  his  custody,  with 
this  prouiso,  that  if  any  other  shall  come  heerafter,  and  make  profFe  that  it  is 
theires,  that  then  hee  shall  haue  him  forth  coming,  to  bee  deliuered  to  them. 

Xicholas  Norton  and  John  Pease,  of  Martins  Vinyards,  are  authorised 
by  the  towne  of  the  said  Vinyards  to  answare  the  suite  of  John  Doged, 
conienced  against  the  said  towne  att  this  Court. 

Witnes  Thomas  Burcher, 
Wiliam  Weekes. 

Captaine  Cudworth,  M""  Josepth  Tildin,  Leiftenant  Torrey,  and  Cornett 
Studson  are  appointed  by  the  Court  to  make  deuision  of  some  lands  in  pte- 
norship  betwixt  John  Williams,  Seni',  of  Scittuate,  and  his  son,  John 
Williams. 

*M'^  John  Done,  John  Smalley,  and  Jonathan  Sparrow  to  bee  considered       [*31.] 
with  those  whoe  are  graunted  accoinodation  of  land  on  the  northerly  bounds 
of  Taunton. 

Experience  Michill,  M'  AUexander  Standish,  Henery  Sampson,  Samuell 
Fuller,  and  Thomas  Cushman,  Juni"",  are  nominated  to  bee  considered  in  the 
aforsaid  lands,  if  it  bee  there  to  bee  had  when  those  are  supplyed  to  whom  the 
graunt  is  made,  if  it  bee  there  to  bee  had ;  and  if  not  there,  in  some  other 
place,  if  it  may  bee  found. 


28 


PLYMOUTH    COLONY    RECORDS. 


1662. 


3  October. 

Prence, 

Gou". 


The  oath  of  Jonathan  Briggs,  of  Taunton,  taken  before  this  Couii,  is  as 
followeth  :  — 

1,  Jonathan  Briggs,  aged  twenty-fiue  yeares  or  theraboutes,  doe  testify, 
that  about  six  yeares  agone,  as  I  was  in  the  house  of  James  "Walker,  of  Taun- 
ton, I  heard  James  Walker  aske  Willam  Browne  what  hee  would  doe  with 
his  land  if  hee  should  not  returne  from  England  againe.  Wiliam  Browne 
answared,  that  if  hee  did  not  returne  againe,  then  hee  would  giue  all  his  land 
to  his  little  cousen,  which  was  Peter  Walker,  whoe  then  stood  before  him. 


The  Account  of  the  Liquors  brought  into  the  Towne  of  Yarmouth  since 
June  last  before  the  date  heerof,  giuen  into  this  Court  by  M"'  Anthony 
Thacher. 

The  22"=°'^*  of  the  ilft  month,  brought  in  by  M''  Gray  18  gallons  of 
liquors. 

The  Q""  of  the  six  month,  brought  in  by  M"^  Hedge  about  fifteen  gallons 
of  liquors,  ten  pounds  of  powder,  and  halfe  an  hundred  of  ledd. 

^V^iliam  Nicarson,  att  the  same  time,  brought  in  one  barrell  of  liquor. 

The  19""  of  the  7*  month,  M'  Hedge  brought  in  ten  gallons. 

The  26  of  the  7"*  month,  Elisha  Hedge  brought  in  16  gall. 

The  same  time,  Wiliam  Griffin  brought  in  ten  gallons. 


Att  this  Com-t,  Richard  Bourne  and  James  SkifFe  were  appointed  by  the 
Court  to  settle  the  bounds  of  Nanquatnumuks  land. 
M'  Hatheriey  Ann  AUin,  widdow,  and  M''  Timothy  Hatherley,  both  of  Scittuate,  doe 

'^  " /  "''Y^  heerby  stand  bound  and  are  engaged  vnto  the  Goii  and  Court  of  Plymouth  in 
the  sume  of  foure  hundred  pounds,  to  saue  harmles  and  vndamnifyed  the  said 
GoU  and  Court  of  Plymouth  from  any  dammage  that  may  arise  to  them  by 
the  letters  of  adminnestration  graunted  by  them  vnto  the  said  Ann  Allin  to 
adminnester  on  the  estate  of  John  Allin,  deceased. 

*Att  this  Court,  Captaine  Willett  and  some  other  whom  hee  shall  thinke 
meet,  are  requested  by  the  Court  to  view  the  bounds  of  Taunton,  wherin  they 
desire  to  bee  enlarged ;  and  if  hee  sees  it  convenient,  and  that  it  bee  not  pre- 
judiciall  to  others,  to  confeii-me  it  to  them ;  and  incase  that  Captaine  Willett 
shall  neglect  soe  to  doe,  the  Coui't  haue  declared  that  they  will  take  some 
course  to  answare  theire  desires  att  the  next  March  Court. 

Samuell  Howland,  of  Duxbiurrow,  being  p>sented  for  breach  of  the  Sab- 
bath in  carrying  a  grist  from  the  mill  on  the  Sabbath  day,  is,  according  to  the 
law,  sentanced  to  pay  ten  shillinges  or  be  whipt. 


of  this  bond 
this  third  of 
June,  1663. 


[*32.] 


Fines  and  cen- 
tances. 


COURT    ORDERS.  29 

And  Wiliam  Foard,  Seni%  is  fined  fiue  shillings  for  suffering  him  to  take      1 6  G  2. 
it  from  the  mill  att  such  an  vnseasonable  time.  '       '^ 

-ry-         ^         -x-rr-  ....  ^  October. 

Kanelme  VVinslow,  Juni',  for  riding  a  journey  on  the  Lords  day,  although      peence 
hee  pleaded  some  disappointment  inforcing  him  thervnto,  is  fined  ten  shillings.        Gou". 

Timothy  Hallowey,  for  prophaning  the  Lords  day  in  triming  his  servant 
theron,  is  fined  ten  shillings. 

Teage  Jones,  of  Yarmouth,  for  being  ouertaken  in  drinke,  haueing  bine 
formerly  a  transgressor  in  that  kind,  was  fined  fifty  shillings. 

Gorg  Crispe,  being  ^sented  for  receiueing  into  his  house  some  liquors  or 
such  like  goods  illegally  taken,  though  hee  knew  it  not,  and  suffering  some 
disorders  in  his  house,  is  fined  twenty  shillings. 

The  wife  of  Gorg  Crispe  being  psented  for  a  lye,  the  Court,  haueing 
considered  the  matter,  doe  find  that  shee  spake  a  falshood,  but  judg  it  not  to 
come  vnder  the  notion  of  a  pnisious  lye,  but  onely  vnadvisedly,  and  soe  re- 
quire not  the  fine. 

Wiliam  Randall,  being  ^sented  for  diners  lyes  and  slaunders  in  defama- 
tion of  John  Bryant,  for  his  lyes  was  fined  twenty  shillings. 

And  in  reference  to  his  ^sentment  about  Thomas  Ouldums  cooper  stuffe, 
hee  is  fined  for  a  lye  about  it  ten  shillings. 

John  Palmer,  Juni"^,  of  Scittuate,  for  that  without  cause,  out  of  prejudice, 
hee  did  forge  a  slaunder  against  Josepth  Siluester,  wherin  is  sundry  pnisious 
lyes,  is  fined  fiue  pounds ;  and  Samuell  Palmer,  being  in  the  same  default, 
and  now  absent,  is  left  to  further  consideration. 

John  Tompson,  warned  to  attend  this  Court  to  serue  on  a  jury,  did 
absent  himselfe,  and  soe  lyable  to  fine,  vnlese  hee  can  satisfy  the  Court  by  his 
defence. 

*The  rates  for  the  publicke  charge  of  the  countrey  for  this  yeare,  accord-       [*33.] 
ing  as  they  were  proportioned  on  the  seuerall  townshipes,  are  as  foUoweth  :  — 

Plymouth,  rate  to  120", 11:02:00 

Duxburrow,        06  :  14  :  06 

Scittuate,        .     .     .     .     • 18:03:00 

Sandwich, 10:02:00 

Taunton, 10  :  02  :  00 

Yarmouth, 10:02:00 

Barnstable, 11  :  02  :  00 

Marshfeild, 10  :  02  :  00 

Eehoboth, 15:03:00 

Eastham, 08  :  02  :  00 


30 


PLYMOUTH    COLONY    KECORDS. 


1662. 


3  October. 

Peence, 

Gou". 


Bridgwater, 04  :  10  :  00 

Sowamsett, 05  :  10  :  00 

Cushenali  and  Coaksett, 03  :  10  :  00 


The  farmes  against  Road  Hand, 


01:  10:00 


125  :  14  :  06 

The  officers  wages  being  taken  out  of  the  abouesaid  sume,  the  remainder 
to  bee  paied,  the  one  halfe  therof  in  wheat  and  barly,  att  4^  S''  p  bushell,  and 
the  other  halfe  therof,  one  third  of  it  to  bee  paid  in  wheat  and  barly  att  the 
prise  aforsaid,  and  the  other  two  tliirds  in  Indian  corne  att  thi-ee  shillings  p 
bushell. 

The  2™""*  of  December,  1662,  the  suiiie  of  twenty-four  shillings  in  money 
was  receiued  by  the  Treasurer  from  the  dark,  which  was  the  money  which 
was  taken  from  a  boy  which  ran  away,  whose  name  is  Christopher  Fowler, 
fine  shillinges  and  threpence  wherof  was  payed  by  the  Treasurer  for  the  defray- 
ing of  the  charge  of  the  marshal!,  &(3,  about  the  said  boy ;  and  the  Treasurer 
is  ordered  by  the  Court  to  returne  the  remainder  to  the  right  owner. 


166  2-3.  *Att  the  Generall  Court  held  att  Plymouth  the  third  Day  of  March, 
^^^^—^  1662. 

3  March. 
[*34.] 


Befoee  Thomas  Prence,  Gou', 
Wiliam  Colly  are, 
John  Aldin, 
Thomas  Willett, 


Josias  Winslow, 
Thomas  Southworth, 
Wiliam  Bradford,  and 
Thomas  Hinckley, 


Assistants,  &d. 

IN  answare  vnto  a  request  made  by  M''  Hatherley  vnto  the  Court,  that  a 
jury  might  bee  impannelled  to  make  deuision  of  the  lands  in  ptenorship 
betwixt  John  Williams,  Seni"",  and  Ensigne  John  Williams,  his  son,  the  Court 
did  approue  and  appoint  those  whose  names  are  vnderwritten  to  repaire  vnto 
the  house  of  AI'  Anthony  Eames,  att  the  North  Eiuer,  and  there  to  giue 
meeting  vnto  Major  Winslow ;  and  that  a  jury  out  of  them  bee  impanneled 
to  make  deuision  of  the  lands  aforsaid,  vizj  :  Leift  James  Torrey,  Cornett 
Eobert  Studson,  M"'  Josepth  Tildin,  Walter  Briggs,  Isacke  Chettenden,  John 
Daman,   Edw  Jenkens,   John    Hollett,   Jeremiah    Hatch,   John    Ottis,  John 


COURT    ORDERS.  31 

Tui-ner,  Juni'',  Mathew  Gannett,  Thomas  Hilancl,  Wiliam  Tickner,  and  Walter    16  6  2-3. 
Woodward.  '^ 

Tvr     TT'      !!•  •111/-^  I-  1  1^  March. 

M"^  Jdmckiey  is  appointed  by  the  Court  to  admmnester  an  oath  to  such      phence 
as  are  to  take  theire  oathes  to  the  Avill  and  inventory  of  the  estate  of  M'  Eob-        ^o""- 
ert  Linnell,  deceased ;  and  that  Josepth  Laythorp  and  Nathaniell  Bacon  bee 
aded  to  the  widdow  Linnell  to  bee  healpfuU  to  her  in  seeing  the  debts  payed 
either  out  of  the  whole  or  pte  of  the  estate. 

Letters  of  adminnestration  are  graunted  vnto  Jonathan  Hatch  and  Lydia, 
the  wife  of  Henery  Taylor,  to  adminester  vpon  the  estate  of  Thomas  Hatch, 
deceased,  to  pay  all  lawful!  debts  owing  from  the  said  estate,  and  to  bee  reddy 
to  glue  account  therof  vnto  the  Court. 

Memorand  :  that  att  the  next  June  Court  some  course  bee  taken  to  settle 
the  bouncls  betwixt  Taunton  and  Secuncke,  to  preuent  damage  that  might  arise 
to  the  Indians  by  the  neglect  therof;  and  Captaine  Willett  is  desired  to  take 
course  to  prevent  the  English  in  depasturing  theire  cattle  neare  the  Indians 
corn  to  theire  prejudice. 

Att  this  Court,  Leiftenant  Torrey,  Cornett  Studson,  and  M"^  Josepth  Til-  This  to  bee 
din  were  appointed  by  the  Court  to  lay  out  the  tract  of  land  graunted  to  M"^  ti,;s  ^^te  and 
Hatherley  aboue  Scittu.ate,  according  to  the  graunt,  vizj  :  to  begine  att  the  ^^^  ^^  °^  Apnil 
southermost  end  of  Accord  Pond,  and  to  goe  noe  farther  northerly  least  it 
entrench  vpon  the  Bay  line. 

*Att  this  Court,  Josias  Hallott  and  Thomas  Starr,  for  goeing  into  the  [*35.] 
house  of  John  Done,  Juni^,  att  Eastham,  there  being  no  body  att  home,  and 
behaueing  themselues  vnciuilly  therin,  ransacking  the  house  for  liquors  and 
drinking  therof,  and  for  writing  and  seting  vp  a  libelouse  and  scandalouse 
paper  of  verses  in  the  said  house,  and  leaueing  of  it  there,  are  sentanced  by 
the  Court  to  find  surties  for  theire  good  behauior  vntill  the  next  Generall 
Court,  to  bee  holden  att  Plymouth  the  first  Tusday  in  June  next,  and  longer 
time  if  the  Coui't  shall  see  cause,  and  to  pay  for  a  fine,  each  of  them,  the  suine 
of  fiftj'  shillinges. 

Elisha  Hedge  and  Samuell  Sturgis,  for  being  guilty  in  the  said  pticulars, 
though  not  soe  deeply  as  the  former,  as  is  conceiued,  are  sentanced  to  find  sur- 
ties for  theire  good  behauior  vntill  the  next  Generall  Court  abouesaid,  to  bee 
holden  att  Plymouth  the  first  Tusday  in  June  next,  and  longer  time  if  the 
Court  shall  see  cause,  and  to  pay,  each  of  them,  a  fine  of  thirty  shillinges. 

Josias  Hallott  acknowlidgeth  to  owe  vnto  our  soB  lordl 

^    „.        ,,         _      ,  U0:00:00 

the  Jimge  the  sume  ot j 

Trustrum  Hull  the  sume  of  .     .     .     .     •     .     .     .     .     10 :  00 :  00 

The   condition,  that  if  the   said  Josias   Hallott  bee   of  good  behauior  Released. 


32  PLYMOUTH    COLONY    REC0ED3. 

166  2-3.   towards  our  soQ  lord  the  Kinge  and  all  his  leich  people,  and  appeer  att  the 


"^       '    Generall  Court  to  bee  holden  for  this  goQment  att  Plymouth  the  first  Tusday 

p  in  June  next,  and  not  depart  the  said  Court  without  lycence  ;  that  then,  &6. 

Gou".  Thomas  Starr  acknowlidgeth  to  owe  vnto  our  soQ  lord  1 

1     T^-         1         -      r  i  20: 00: 00 

the  Hmge  the  sume  oi        .     .  J 

Ralph  Smith  the  sume  of 10  :  00  :  00 

Released,  pay-  The   Condition,  that  if  the   said  Thomas    Starr   bee   of  good  behauior 

in  Of  Itiis  fcGS 

towards  our  soQ  lord  the  Kinge  and  all  his  leich  people,  and  appeer  att  the 

Generall  Court  to  bee  holden  for  this  goflment  att  Pljnnouth  the  first  Tusday 

in  June  next,  and  not  depart  the  said  Court  without  lycence ;  that  then,  &d. 

Elisha  Hedsre  acknowlidgeth  to  owe  vnto  our  soil  lordl 

,     X.-          1         -       ^  f  20  :  00  :  00 

the  Kmge  the  sume  of J 

Robert  Denis  the  sume  of 10  :  00  :  00 

These  bonds  The  condition,  that  if  the  said  Elisha  Hedge  bee  of  good  behauior  towards 

but  since  ten     °^^  ®°^  ''■^'^'^  ^^^  Kinge  and  all  his  leich  people,  and  appeer  att  the  Generall 

pound  fine  ac-   Court  to  bee  holden  for  this  goQment  att  Plymouth  on  the  first  Tusday  in  June 

next,  and  not  depart  the  said  Coiu't  without  lycence ;  that  then,  &d. 

r*36.1  *Samuell  Sturgis  acknowlid°;eth  to  owe  vnto  our  soQl 

,     n   1     T^-         1         -      r  S  20 :  00 :  00 

lord  the  Kmge  the  sume  oi j 

John  Miller  the  suine  of 10  :  00  :  00 

Cleared  of  The  Condition,  that  if  the  said  Samuell  Sturgis  bee  of  good  behauior 

paying  his  fees  towards  our  soil  lord  the  Kinge  and  all  his  leich  people,  and  appeer  att  the 
Generall  Coui-t  to  bee  holden  for  this  goQment  att  Plymouth  the  first  Tusday 
in  June  next,  and  not  depart  the  said  Court  without  lycence  ;  that  then,  &(?. 

Att  this  Court,  Ephi-aim  Done,  Thomas  Ridman,  John  Knowles,  and 
John  Wilson,  for  trading  of  liquors  with  the  Indians  att  Cape  Codd,  are  fined, 
each  of  them,  twenty  fine  shillinges. 

Ephraim  Done  and  Thomas  Ridman,  for  pmiting  the  Indians  to  haue 
liquors  in  theire  boate,  it  appeering  that  one  of  the  Indians  was  drunke  therby, 
are  fined,  each  of  them,  fifty  shillings. 

Conserning  a  rundelett  of  Hquor  found  with  one  Peter,  an  Indian,  none 
of  the  abouesaid  owneing  that  they  had  helped  the  Indian  to  it,  it  is  found  to 
bee  forfeited  to  the  countrey ;  and  for  soe  much  of  the  liquor  as  is  spent,  that 
the  said  Indian  bee  required  to  make  it  good. 

Ephraim  Done  acknowlidgeth  to  owe  vnto   our   soQl 

1     1  .1.    TT-        .1,        -      <•  MO :  00 :  00 

lord  the  Kmge  the  sume  of j 

Ephraim  Done  ,  i        ,i  _         « 

was  freed  of        .       ^o™  Knowles  the  sume  of 20  :  00  :  00 

these  bonds  ijijg  condition,  that  if  the  said  Ephraim  Done  doe  appeer  att  the  Court 

October  lO"",  '■  ■^•^ 

1663.  to  bee  holden  att  Plymouth  the  first  Tusday  in  June  next,  to  make  further 


COURT    ORDERS.  33 

answar  vnto  such  thinges  as  shalbee  enquired  of  him  conserning  the  death  of  166  2-3. 

Josias,  the  Indian  sachem,  att  Eastham,  and  not  depart  the  said  Court  without  '       ^^    "^ 
lycence ;  that  then,  &d. 

John  Knowles   acknowlidgeth  to   owe  vnto    our  soQ  "l  Gou". 


1     .    ,     -rr.         ,         _      ^  ,  40 :  00 :  00 

lord  the  ivinge  the  sume  01 

Ephraim  Done  the  sume  of  .     .     . 20  :  00  :  00 

The  condition,  that  if  the  said  John  Knowles  doe  appeer  att  the  Court  to 
bee  holden  att  Plymouth  the  first  Tusday  in  June  next,  to  make  further  an- 
sware  vnto  such  pticulares  as  shalbee  enquired  of  him  concerning  the  death 
of  Josias,  the  Indian  sachem,  att  Eastham,  and  not  depart  the  said  Court 
without  lycence  ;  that  then,  &d. 

Abraham  Sampson,  for  being  drunke,  fined  ten  shillings. 

Thomas  Lucas,  for  being  drunke,  it  being  the  third  time  hee  hath  ben 

convicted  and  sentanced  in  the  Court  for  being  drunke,  was  sentanced  by  the 

Court  to  bee  publickely  whipt,  according  to  the  law,  onely  the  execution 

therof  is  respited  vntill  hee  shalbee  taken  drunke  the  next  time,  and  then 

hee  is  to  bee  forthwith  taken  and  whipt,  without  further  fsenting  to  the 

Court. 

*Thomas  Ridman  acknowHdge  to  owe  vnto  our  sofl.")  r*37.1 

n     .   ^    T^-         t,        -      r  !■  40: 00: 00  ■-       ■" 

lord  the  Kmge  the  sume  01 J 

John  Wilson  the  sume  of 20  :  00  :  00 

The  condition,  that  if  the  said  Thomas  Ridman  doe  appeer  att  the  Gen- 
erall  Court  to  bee  holden  att  Plymouth  the  first  Tusday  in  June  next,  to 
make  answare  vnto  such  pticulares  as  shalbee  further  enquired  of  them  con- 
serning the  death  of  Josias,  the  Indian  sachem,  att  Eastham,  and  not  depart  the 
said  Court  without  lycence ;  that  then,  &S. 

John  Wilson  acknowlidgeth  to  owe  vnto  our  soft  lord  ] 

t-    Tz-         u        -      ^  U0:00:00 

the  Jvinge  the  sume  01 j 

Thomas  Ridman  the  sume  of 20  :  00  :  00 

The  condition,  that  if  the  said  John  Wilson  doe  appeer  att  the  Court  to 

bee  holden  att  Plymouth  the  first  Tusday  in  June  next,  to  make  answare  vnto 

what  further   shalbee  enquii-ed  of  them  conserning  the  death  of  Josias,  the 

Indian  sachem,  att  Eastham,  and  not  depart  the  said  Court  without  lycence ; 

that  then,  &6. 

Att  this  Court,  Moses  Crooker  and  Richard  Man  were  ^sented  before 

the  Court  for  entering  into  the  house  of  Edward  Williams,  of  Scittuate,  and 

ployning  of  his  money  a^d  goods,  and  laying  of  gunpowder  about  his  hearth 

soe  as  it  fiered,  to  the  endangering  of  the  life  of  the  said  Williams,  with  other 

pnisious  practices  which  proued  injurious  to  the  said  Williams,  for  which  they 

VOL.    IV.  5 


3  March. 
Prence, 


Memorand. : 
that  the  said 


34  PLYMOUTH    COLONY    KECOKDS. 

166  2-3.  were  sentanced  by  the  Court  to  bee  both  seuerly  whipt,  which  accordingly 
was  inflicted;  and  wheras  the  money  and  goods  they  tooke  from  the  said 
"WiUiams  could  not  bee  made  good  by  them,  nor  satisfaction  giuen  for  other 
Gon=.  injui-ies,  the  Court  ordered  them  to  bee  put  forth  to  seruice  vntill  each  of  them 
should  attaine  the  age  of  twenty  and  one  yeares  from  the  date  heerof,  vizj,  the 

Thorn:  g^id  Moses   Crooker  to  Hue  with,  continew  and  abide  with  John  "Williams, 

Hinckley  hath 

paide  fiue  Seni',  of  Scittuate,  the  full  tearme  of  eight  yeares,  hee  being  att  the  writing 
Edivard  \Vil-  li^erof  of  the  age  of  thirteen  yeares ;  hee,  the  said  John  Williams,  paying 
Uams  as  of       yj^to  the  Said  Edward  Williams  the  suine  of  fiue  pounds  ;  and  incase  the  said 

satisfaction  for 

the  -wrong  don  John  Williams  shall  decease  before  the  said  time  bee  expired,  that  then  hee 
boyesf  shalbee  att  the  dispose  of  the  said  John  Williams  for  the  remainder  of  his 

time,  with  the  consent  and  approbation  of  the  Court ;  and  likewise  the  Court 
doth  dispose  of  the  said  Richard  Man  to  bee  with  and  abide  with  M''  Thomas 
Hinckley,  of  Barnstable,  or  his  assignes,  with  the  approbation  of  y'  Court, 
after  the  mannor  of  an  apprentice,  the  tearme  of  ten  yeares  from  the  date 
heerof,  hee  being  att  the  writing  heerof  of  the  age  of  eleuen  yeares ;  and 
incase  the  said  Thomas  Hinckley  shall  decease  before  the  said  time  bee  ex- 
pired, that  then  the  said  Richard  Man  shalbee  att  the  dispose  of  him,  the  said 
Thomas  Hinckley,  for  the  remainder  of  his  time,  with  the  consent  and  appro- 
bation of  the  Court. 
[*38.]  *Att  this  Court,  Ralph  Smith,  of  Eastham,  for  breaking  the  peace  in 

The  tearmesof  striking  of  Wiliam  Walker,  is  fined  00  :  03  :  04. 

the  p'sentraent 

•was  for  striking  And  for  other  pticulares  in  the  ^sentment  att  October  Court,  1662,  con- 

oprobriouse  sidering  hee  hath  agred  with  the  said  Walker,  and  in  pte  made  satisfaction, 
speches,  and     ^.j^g  Court  doth  heer  pas  it  by. 

thrusting  oner 

a  boat  thought  And  as  conserning  his  former  jp'sentment,  conserning  teling  of  a  lye  and 

"^mwn  "talker. 

■  other  injuries  done  by  him  to  the  towne  of  Eastham  about  a  whale,  the  Court 

haueing  onely  fined  him  for  the  lye,  haue  respeted  the  sensuring  of  him  for 

the  remainder  vntill  they  haue  further  notice  of  his  future  walking. 

Samuell  Smith,  for  saying  hee  could  find  in  his  hart  to  thrust  a  pen  into 
the  said  Wiliam  Walker,  was  fined  00  :  03  :  04. 

Nathaniel  Church  and  Elizabeth  Soule,  for  coinitting  fornication  with 
each  other,  were  fined,  according  to  the  law,  each  of  them,  05  :  00  :  00. 

Att  this  Court,  this  following  order  was  directed  to  the  towne  of 
Taunton  :  — 

Vpon  the  complaint  of  some  of  the  inhabitants  of  Taunton,  that  some 
there  haue  gone  about  to  alter  the  ancient  way  of  distribution  of  lands  in  that 
towne  formerly  settled  and  long  practised,  wherby,  besides  many  other  incon- 


COURT    ORDERS. 


35 


3  March. 

Phence, 

Gou". 


veniencyes  that  doe  arise  therby,  some  Indians  that  by  the  leaue  of  the  towne  1662  3 
had  libertie  to  plant  corne  in  the  remote  ptes  of  the  townshipe  are  disturbed  in 
the  improuement  of  the  said  lands,  to  theire  great  impouerishing,  by  such 
psons  theire  takeing  vp  such  great  quaintities  of  land,  which  is  ill  resented  by 
vs ;  wee  doe  therfore  require  them  to  desist  from  any  such  practice  as  that 
which  wee  feare  may  create  much  trouble  and  inconveniencye,  vntill  wee  haue 
further  inquii-ed  into  the  same. 
The  Courts  order. 

p  me,       NATHANIELL  MORTON,  Clark. 


*Mt  the  Ctmrt  of  Assistants  holden  att  Plymouth  the  fift  Day  of 

May,  1668. 


Befobe  Thomas  Prence,  Gou', 
Wiliam  Collyare, 
John  Aldin, 
Josias  Winslow, 

Assistants,  &d. 


Thomas  Southworth, 
"Wiliam  Bradford,  and 
Thomas  Hinckly', 


IN  answare  vnto  the  desire  of  Stephen  Bryant  and  Ephraim  Tinkham,  that 
some  course  might  bee  taken  about  some  differences  amongst  theire 
naighbourhood  about  the  bounds  of  theire  lands,  the  Court  haue  ordered,  that 
"Wiliam  Crow  bee  aded  to  those  whoe  the  towne  of  Plymouth  haue  appointed 
to  measure  and  settle  the  bounds  of  lands,  that  hee  with  them  may  endeauor 
to  settle  the  said  controuersy  amongst  them. 

In  answare  vnto  a  petition  prefered  to  the  Court  by  Judith,  the  wife  of 
"Wiliam  Peakes,  of  Scittuate,  in  reference  vnto  her  son  Josias  Leichfeild,  the 
adopted  son  of  John  AUin,  deceased,  the  Court  haue  ordered  and  doe  heerby 
giue  libertie  vnto  the  said  Josias  Leichfeild  to  choose  two  guardians,  and  to 
g>sent  them  vnto  the  next  Generall  Court. 

In  answare  vnto  a  pticulare  in  a  letter  directed  to  the  Court  from  M' 
Hatheriey,  wherin  hee  desired  the  Court  would  take  other  cecuritie  for  the 
estate  of  John  AUin,  there  being  noe  other  appeering  to  giue  in  cecuritie,  doe 
heerby  signify  that  they  looke  att  him  as  standing  bound  and  engaged  vnto 
them  in  that  behalfe,  and  are  not  willing  to  a  release  vntill  some  other  doe 
appeer  to  bee  engaged,  and  therfore  doe  aduise  him  to  take  the  best  course 
hee  can  to  secure  himseHe. 


1663. 

5  May. 

[*39.] 


36  PLYMOUTH    COLONY    REC0KD8. 

16  63.  Concerning  the  complaint  of  Thomas  Butler  in  the  behalfe  of  his  son, 

"       '  Daniell  Butler,  against  Wiliam  Browne,  for  that  the  said  Browne  did  neglect 

p        '       to  deliuer  two  barrells  of  tarr  to  M'  John  Barnes,  of  Plymouth,  or  his  as- 

Gou".        signes,  which  said  tarr  the  said  Browne  receiued  of  the  said  Daniell  Butler 

for  that  end  and  purpose,  the  Court  haue  awarded  the  said  Wiliam  Browne 

to  pay  vnto  the  said  Daniell  Butler  two  barrells  of  marchantable  tarr  with  all 

convenient  speed,  and  eight  shillings  for  charges  the  said  Butler  hath  bine 

att  about  the  said  suite. 

Memorand :  that  Samuell  Hinckley  bee  suraoned  to  appeer  att  the  next 
Court,  to  giue  oath  to  the  will  of  M'  Samuell  Hinckley,  deceased. 

Conserning  the  land  graunted  to  Edward  Gray  att  Namassakett,  the 
Courts  order  about  it  is  to  bee  vnderstood,  that  the  said  Edward  Gray  is  to 
haue  a  double  share  of  the  said  lands,  both  vpland  and  meddow,  to  bee  layed 
out  together ;  that  is  to  say,  a  double  share  of  the  said  lands,  to  take  it  where 
hee  would  in  the  said  tract,  soe  as  hee  tooke  it  together. 


1  June.      *Att  the  Generall  Court  of  Election  held  att  the  Towne  of  Plymouth, 
[*40.]  j-(f^  ff^g  Jurisdiction  of  JVew  Plymouth,  the  first  Day  of  June, 

1663. 

Befobe  Thomas  Prence,  Gotf ,  Josias  Winslow, 

Wiliam  CoUyare,  Thomas  Southworth, 

John  Aldin,  "Wiliam  Bradford,  and 

Thomas  Willett,  Thomas  Hinckley, 

Assistants,  &fi. 


M 


K  THOMAS   PRENCE  was  chosen  Gou',  and  sworne. 

"Wiliam  CoUyare, 
John  Aldin, 
Thomas  "Willett, 
Josias  "Winslow, 
Thomas  Southworth, 
Wiliam  Bradford,  and 
Thomas  Hinckley, 

M'  Thomas  Prence  and  Major  Josias  Winslow  were  chosen  coinissioners 
for  the  following  yeare. 


were  chosen  Assistants,  and  sworne. 


COURT    ORDERS. 

And  Cap?  Thomas  Southworth  is  the  next  in  nomination. 
M'  Constant  Southworth  was  chosen  Treasurer,  and  swome. 
It  was  ordered  by  the  Coui-t  that  a         ^         „ 

•The  Names  of  the  Deputies  that  serued  att  this  Court. 

M'  John  Howland,  Leiftenant  James  Wyate, 

Robert  Finney,  M'  Anthony  Thacher, 

Ephraim  Morton,  M'  Yelverton  Crow, 

Nathaniell  "Warren,  Nathaniell  Bacon, 

M'  Constant  Southworth,  John  Chipman, 

Wniam  Paybody,  Ensigne  Marke  Eames, 

Leiftenant  James  Torrey,  Leiftenant  Peter  Hunt, 

Isacke  Bucke,  Leiftenant  John  Freeman, 

Thomas  Tupper,  Seni%  Josias  Cooke, 

James  Skiffe,  Willam  Britt. 

One  deputy  from  Taunton  was  returned  backe,  and  one  deputy  firom 
Marshfeild  was  returned  backe  againe.  M'  Stephen  Paine,  one  of  the  depu- 
ties chosen  for  Eehoboth,  could  not  appeer  by  reason  of  weaknes. 

The  Grand  Enquest. 

John  Morton,  John  Hussell, 

Leiftenant  Josepth  Rogers,  Henery  Sampson, 

M"^  James  Browne,  Robert  Wheaten,  absent, 

John  Willis,  absent,  John  Turner,  Seni', 

John  Dingley,  "Wiliam  Bassett,  Juni"^, 

Edmond  Freeman,  Peter  Pitts, 

Ensigne  John  Williams,  Thomas  Howes,  Juni', 

James  Mathewes,  Thomas  Tildin, 

Thomas  Laythorpe,  John  Bryant, 

Abraham  Blush,  Benajah  Pratt. 
John  Rogers, 

The  Constables  of  the  seuerall  Townes  of  this  Jurisdiction. 

Plym, Stephen  Bryant. 

Dux%, John  Sprague. 

Scittu, John  Sutton. 

Sandw, Gorg  Barlow. 

Taunton, Hezekiah  Hoare. 

Yarmou, Samuell  Ryder. 


37 


1663. 


1  June. 
Prenoe, 

GOD^ 

[Ml.] 


38 


PLYMOUTH    COLONY    KECORDS. 


1663. 

r— 

1  June. 
Fbence, 

GOTJ». 


[*42.] 


Bams?, Tristrum  Hiill. 

[Willam  Holmes, 

Marskfeill, W    ^-      t? 

(_  Justice  Eames. 

Eehoboth, Wiliam  Carpenter. 

Eastham, Edward  Banges. 

Bridgw, Samuell  Edson. 

Acushenah, "Wiliam  Spooner. 


*The  Surveyors  of  the  Highwaies. 

'  James  Cole,  Seni'', 


Plyfii, 


Duxbu,    . 
Scit?,    . 
Sand,  . 
Taunton, 
Yarmou, 


Maxshfeild, 

Rehoboth, 

Bridgwater, 


Josepth  "Warren, 

Samuell  Sturtivant. 

I'M'  Samuell  Sabery, 
\  Samuell  Hunt. 
John  Cushen, 
"Wiliam  Brookes. 

[Thomas  Burge,  Seni', 

\  Thomas  Launder. 

C  James  Leanord, 

\  Samuell  Smith. 
John  Joyce, 
Wiliam  Eldred. 

[Thomas  Doged, 

[  Anthony  Snow. 
John  Peram,  Seni', 
Gilbert  Brookes. 

{John  WilUs,  Juni"^, 
Samuell  Allin. 


Freemen  admited  this  Court,  and  swome. 

Jeremiah  Howes,  "Wiliam  Carpenter, 

John  Miller,  Jonathan  Sparrow, 


John  Reed, 
Samuell  Newman, 


Samuell  Eaton. 


Att  this  Court,  Cornett  Studson  was  appointed  by  the  Court  to  accom- 
pany the  Treasurer  in  demanding  and  receiueing  the  moneyes  due  to  the  coun- 
trey  from  the  purchasers  of  Kenebecke. 

For  diuers  reasons  and  considerations,  the  Court  haue   suspended  the 


COURT    ORDERS.  39 

generall  training  for  this  yeare,  and  that  the  next  yeare  it  bee  obserued  att     166  3. 
Yarmouth  att  the  ordinary  time  of  the  yeare.  ^      ^' 

1  June. 

Leiftenant  Wyate,  Nathaniell  Bacon,  and  Kobert  Finney  were  appointed      peence, 
by  the  Court  to  view  the  lands  on  the  north  side   of  Secunke,  and  make        '^°^^- 
report  therof  vnto  the  Court. 

Ensigne  Dexter  is  ordered  by  the  Court  to  exersice  the  milletary  com- 
pany of  Sandwich  in  armes  vntill  the  Court  shall  see  reason  otherwise  to 
order. 

*The  Court  haue  ordered,  concerning  the  disposing  of  the  estate  of  Faith  [*43.] 
Clarke,  widdow,  deceased,  that  her  daughter,  Faith  Dotey,  widdow,  shall  haue 
a  quarter  pte,  or  one  pte  of  foure,  of  the  goods  and  chatties  of  the  said  Faith 
Clarke,  her  debts  being  discharged  ;  and  the  remainder  three  ptes  of  four,  or 
three  quarters  therof,  shalbee  equally  deuided  betwixt  her  two  sonnes,  Henery 
and  Thurston  Clarke ;  and  that  Captaine  Bradford  and  Josepth  Andrewes 
shall  make  the  said  deuision,  together  with  another  whom  the  said  Faith 
Dotey  shall  make  choise  of;  and  that  the  said  Cap?  Bradford  and  Josepth 
Andrewes  shall  take  course  that  the  debts  due  from  the  said  estate  bee  de- 
frayed out  of  the  same. 

Att  this  Court,  Josias  Leichfeild  made  choise  of  Leiftenant  Torrey  and 
Cornett  Studson  to  bee  his  gaurdians,  whoe  were  allowed  and  approued  soe  to 
bee  by  the  Court. 

Wheras  John  Allin,  of  Scittuate,  and  Anna,  his  wife,  longe  since  tooke  of  this  see 
Josias  Leichfeild  as  theire  adopted  child,  with  purpose  to  bringe  him  vp,  and  ^^^^^  ^ggg 
to  doe  for  him  as  theire  child,  and  soe  faithfully  pformed  during  the  said  Allin 
his  life,  and  not  long  before  his  death  was  mindfull  of  him ;  yett  being  sud- 
dainly  taken  away,  left  not  his  mind  soe  full  and  pticulare  concerning  him  as 
hee  intended  and  might  haue  bine  desired ;  yett  soe  much  appeered  to  the  Court 
vpon  oath  as  in  theire  apprehensions  carryed  the  true  intent  and  force  of  a  of  this  will 
will.     The  said  Josias  haueing  chosen  Leiftenant  James  Torrey  and  Cornett  see  Vhere^^riUs 
Robert  Studson  his  gaurdians,  it  was  att  this  Court  agreed  between  Anna,  the  andmvento- 

ryes  are  re- 

rehct  of  the  said  AlUn,  and  the  boyes  abouenamed  guardians,  with  the  Courts  corded. 
approbation  and  likeing,  that  the  said  Josias  should  haue  twenty  pounds  ster- 
ling payed  into  the  hands  of  his  said  gaurdians  about  Michilmus  next,  by 
them  to  bee  improued  for  him,  and  soon  after  that  time  to  bee  freed  &  to  bee 
put  forth  to  a  trad,  and  conveniently  fited  out  with  suitable  apparrell  and 
nessesarries ;  and  when  hee  shall  come  to  the  age  of  twenty  one  yeares,  to  bee 
posessed  of  the  farme  and  appurtenances  giuen  him  by  the  said  John  Allin, 
deceased. 

*The  Court  doe  order,  that  M'  Collyares  meddow  bee  recorded  lying       [*44.] 


1  June. 
Phenoe, 


40  PLYMOUTH    COLONY    RECORDS. 

166  3.  about  North  Hill,  haueing  bin  lately  viewed  by  M'  Aldin  and  the  Major 
Winslow,  and  bounded  by  a  pine  tree  anciently  marked  standing  on  the  north 
side  of  the  brooke,  and  from  then  by  a  range  of  stakes  a  crosse  the  meddoTV 
GoTj".  to  a  marked  tAree  on  the  west  or  southwest  side  of  the  said  meddow,  all  the 
meddowes  lying  on  the  southerly  side  of  that  range,  and  alsoe  a  Httle  nooke 
of  meddow  lying  downe  the  said  brooke  towards  North  Hill,  containing  about 
two  acrees. 

The  Court  doe  acknowKdg  Gilbert  Winslow,  deceased,  whoe  was  one  of 
the  first  comers,  to  haue  a  right  to  land,  and  doe  allow  his  heires  to  looke  out 
and  propose  to  the  Court  some  pcell  of  land  that  the  Court  may  thinke  meet 
to  accomodate  them  in. 

Liberty  is  graunted  to  M''  Edmond  Freeman,  Seni'',  to  looke  out  a  tract 
of  land  to  accomodate  both  himselfe  and  the  children  of  M''  Wiliam  Paddy, 
deceased,  vizj,  Samuell  and  Thomas  Paddy,  and  to  make  report  of  it  to  the 
Court,  that  a  competency  may  bee  confeirmed  vnto  them,  if  it  may  bee,  about 
a  coder  swamp,  by  him  named,  soe  as  it  bee  found  not  to  intrench  vpon  other 
mens  right ;  if  soe,  hee  may  looke  out  elsewhere  where  it  may  bee  found. 

Liberty  is  graunted  vnto  Wiliam  Crow,  of  Plymouth,  in  respect  vnto 
his  vnkell,  M"^  John  Adwood,  of  Plymouth,  deceased,  to  looke  out  for  accoino- 
dation  of  land,  and  to  make  report  therof  to  the  Court,  that  soe  a  competency 
may  bee  alowed  him. 

M''  Hinckley,  M'  Dexter,  Seni'',  and  M'  Constant  Southworth  are  appoint- 
ed by  the  Court  to  settle  the  bounds  between  the  townshipps  of  Sandwich  and 
Plymouth  as  soon  as  conveniently  they  can. 

It  is  ordered  by  the  Court,  that  a  rate  of  forty  pounds  bee  leuied  on  the 
seuerall  townes  of  this  jurisdiction  for  the  defraying  of  nessesary  charges  of 
the  coUonie,  that  they  are  nessesitated  to  expend  att  the  ^sent ;  which  said 
rate  euery  one  is  to  pay  his  proportion  which  hee  shalbee  rated  thervnto  in 
money,  or  wheat  att  4^  p  bushell,  to  bee  payed  by  the  last  of  August  next ; 
of  which  rate  the  naighbourhood  of  Sowamsett  is  to  pay  thirty  shillinges,  the 
naighbourhood  att  Acushena  10%  and  Bridgwater  thirty  shillinges,  in  the 
specy  aboue  expressed. 

Thomas  Huckens  is  approued,  and  his  former  libertie  renewed  to  keep  an 
ordinary  att  Barnstable. 

[*45.]  *Wheras  there  was  a  graunt  by  the  Court  of  an  adition  of  land  vnto  M' 

Wiliam  Bradford,  Seni',  as  appeers  vpon  record,  which  was  not  layed  out  nor 
bounded  in  his  life  time ;  and  wheras  Captaine  Wiliam  Bradford,  the  son  of 
the  said  M"^  Wiliam  Bradford,  Seni"',  did  make  request  vnto  the  Court  that  the 


1  June. 
Prence, 


COURT  ORDERS.  41 

same  might  bee  pformed;  the  Court  held  att  Plymouth  on  the  thhd  of  Octo-  166  3. 
ber,  1662,  did  appoint  M'  Wilkm  CoUyare  and  M'  John  Alden,  Assistants, 
to  view  and  bound  an  addition  adjoyning  vnto  the  lands  which  the  saidWiliam 
Bradford  posseseth.  Now,  wee,  the  aboue  named  Assistants,  haue,  this  twen-  G°""' 
tyeth  of  May,  1663,  viewed  and  bounded  as  followeth:  on  the  north  east 
from  a  smale  rundelett  that  runeth  downe  to  a  place  coinonly  called  the  Tus- 
sukes,  and  soe  to  range  alonge  northerley  by  Plymouth  bounds  next  to  the 
bounds  of  Duxburrow,  and  soe  to  the  brooke  that  runes  into  black  waters,  to 
the  place  where  the  old  path  went  to  the  bay,  so  rainging  downe  the  broo^:e  a 
mile  in  length. 

WILtAM   COLLYARE, 

JOHN  ALDIN. 

It  is  ordered  by  the  Court,  that  those  that  are  sett  downe  att  Sowamsett 
be  accounted  to  belonge  to  the  towne  of  Eehoboth,  and  those  that  are  sett 
downe  att  Saconeesett  to  belonge  to  Barnstable,  and  those  that  are  sett  downe 
att  Namassakett  to  belonge  to  the  towne  of  Plymouth  vntill  the  Court  shall 
see  reason  otherwise  to  order. 

The  major,  the  Treasurer,  and  Cornett  Studson  are  appointed  to  agree 
with  a  workeman  or  workemen  to  repaire  the  bridge  att  Joanses  Eiuer,  or  to 
erect  a  new  one,  as  occation  shall  require. 

The  major  and  the  Treasurer  are  appointed  by  the  Court  to  agree  with 
Willam  Berstow  to  repaire  the  bridge  att  the  North  Riuer ;  and  the  charge 
therof  is  to  bee  leuied  by  rate  on  the  seuerall  townshipes  of  this  goQment ; 
and  for  the  quantity  and  specey  therof,  it  is  to  bee  as  they,  the  said  pties, 
shall  agree  with  workmen,  and  to  bee  made  knowne  that  it  may  bee  leuied  by 
rate  in  October  next  after  the  date  heerof 

Anthony  Annable  and  Willam  Crocker  are  appointed  by  the  Coirrt  to 
bee  adminnestrators  on  the  estate  of  Thomas  Burman,  and  that  they  are  to 
glue  in  cecuritie  to  the  Court  to  saue  the  Court  from  all  damage  that  may 
come  to  them  by  the  said  pties  theire  adminestration. 

Liberty  is  graunted  vnto  John  Gorum  to  looke  out  some  land  for  accoino- 
dation,  and  to  make  report  therof  to  the  Court,  that  soe  a  competency  may  bee 
graunted  to  him. 

Ensigne  Merricke  is  alowed  and  approued  of  by  the  Court  to  bee  in  the 

office  of  a  leiftenant  in  the  milletary  companie  of  Eastham. 

*Elisha  Hedare  acknowHdgeth  to  owe  vnto  our  soli  lord  1  1*46.1 

,     ^,.         ,         _       °  ^  20 :  00 :  00  *-       -^ 

the  Kmge  the  sume  ol J 

Edward  Sturgis,  Seni'',  the  suiue  of 10  :  00  :  00 

VOL.  IV.  (5 


42 


PLYMOUTH    COLONY    RECORDS. 


1663. 

1  June. 

Pkenoe, 

Gou". 

Freed,  paying 

his  fees. 

Sensures. 


Fines. 


[*47.] 


The  condition,  that  if  the  said  Elisha  Hedge  bee  of  good  behauior 
towards  our  soQ  lord  the  Kinge  and  all  his  leich  people,  and  appeer  att  the 
Coui-t  to  bee  holden  for  this  gofiment  att  Plymouth  the  first  Tusday  in  Octo- 
ber next,  and  not  depart  the  said  Court  without  lycence ;  that  then,  &6. 

The  Court  being  enformed  that  Josepth  Rogers,  of  Namassakeesett,  hath 
frequently  and  from  time  kept  companie  with  Mercye,  the  wife  of  Wiliam 
Tubbs,  in  a  way  and  after  such  manor  as  hath  giuen  cause  att  least  to  suspect 
that  there  hath  bine  laciuiouse  actes  coinitted  by  them,  the  Court  sees  cause 
and  haue  required  the  said  Josepth  Rogers  to  remoue  his  dwelling  from 
Namassakeesett  aforsaid  by  the  twentieth  day  of  this  instant  June,  and  haue 
alsoe  declared  vnto  him  that  if  att  any  time  hee  shall  bee  taken  att  the  house 
of  the  said  Tubbs,  or  in  the  companie  of  the  said  Marcye  Tubbs  alone  in  any 
place,  that  then  hee  shall  forth  with  bee  taken  and  seuerly  whipt ;  and  the 
said  Wiliam  Tubbs  was  by  the  Court  strictly  charged  not  to  toUarate  him  to 
come  to  his  house  or  where  hee  hath  to  doe  att  any  time,  as  hee  will  answare 
the  same  att  his  pill. 

The  abouesaid  Josepth  Rogers,  for  his  contentious  departing  from  the 
Court  held  att  Plymouth  the  last  March  without  licence,  being  bound  to 
appeer  and  attend  the  said  Court  to  answare  for  matter  of  fact,  is  fined  fiue 
pounds  to  the  collonies  vse. 

Christopher  Winter,  for  neglecting  to  frequent  the  publicke  worship  of 
God  on  the  Lords  day,  is  fined  ten  shillings. 

Timothy  Hallowey,  for  being  drunke,  fined  fiue  shillinges. 
John  Shilley,  for  playing  att  cards  on  the  Lords  day,  fined  20^ 
Nathaniell  Fitsrandall,  for  comiting  fornication,  fined  ten  pounds ;  hee 
hath  liberty  vntill  the  next  October  Couit  to  pay  the  fine,  or  sufifer  corporall 
punishment. 

Edward  Sturgis,  for  bringing  in  liquors  into  the  towne  of  Yarmouth,  and 
not  glueing  seasonable  notice  therof  to  the  men  appointed  to  take  the  invoyce 
therof,  is  fined  the  sume  of  six  pounds,  wherof  foure  pound  to  the  collonies 
vse  and  forty  shillings  to  the  said  invoycers. 

♦The  lands  that  M''  Constant  Southworth  and  Wiliam  Paybody  layed 
out  in  consideration  of  the  graunt  of  lands  to  Captaine  Myles  Standish  att 
Satuckett  Pond  lyeth  on  the  north  side  of  the  mouth  of  Winnatucksett  Riuer, 
the  said  riuer  being  the  bounds  on  the  south  side  buting  vpon  Satuckett  Riuer, 
being  the  boimds  on  the  west  end,  ruiiing  in  length  from  Satuckett  Riuer  into 
the  woods  160  rodds  east  and  by  north,  ruiiing  in  breadth  north  and  by  west 
fi-om  the  abouesaid  Winatucksett  Riuer  to  a  great  white  oake  tree  burnt  att 
the  bottome,  and  a  ridd  oake  tree  marked  standing  close  by  it ;  alsoe,  a  smale 


COURT    ORDERS.  43 

tract  of  meddow  land  lying  att  the  head  of  Satuckett  Pond,  containg  about      166  3. 
four  acrees  more  or  lesse,  in  pte  of  the  graunt  of  competency  to  such  a  tract    "■      '^       ^ 

n        1       -I  1  June. 

01  vpland.  _ 

J^  Frence, 

In  answare  vnto  a  petTon  g>fered  to  the  Court  by  M'  Thomas  Cushman,  ^°''°- 
Thomas  Clarke,  and  Thomas  Pope,  the  ouerseers  of  the  estate  of  Mistris  Sarah 
Jeney,  deceased,  in  reference  vnto  a  mare  disposed  of  by  the  Treasurer  in  the 
behalfe  of  the  countrey,  the  Court  haue  allowed  them,  in  reference  vnto  the 
children  of  the  said  Mistris  Jeney,  the  first  horse  beast,  bee  it  horse  or  mare, 
that  shalbee  found  to  belonge  vnto  the  countrey. 

And  in  answare  vnto  a  petition  prefered  to  the  Court  by  M"^  Thomas 
Bourne,  of  Marshfeild,  conserning  a  horse  hee  layed  claime  vnto,  the  Court 
haue  left  the  case  relateing  to  that  controuersy  as  they  found  it,  and  see  noe 
light  to  acte  further  in  it. 

M''  Timothy  Hatherley  is  appointed  and  deputed  by  the  Court  to  admin- 
nester  marriage  within  the  township  of  Scittuate  for  the  following  yeare,  as 
alsoe  to  adminnester  an  oath  to  any  witnesses  to  giue  testimony  to  the  grand 
enquest  as  occation  shall  require,  as  alsoe  to  any  witnesses  to  giue  euidence  to 
the  Covut  for  the  triall  of  any  cause,  and  likewise  in  his  ma*'"^  name  to  issue 
forth  warrants  and  summons  to  warne  any  pson  of  the  towue  of  Scittuate 
psonally  to  appeer  att  the  Court  att  Plymouth  to  answare  any  suite  as  occation 
shall  requu-e  this  following  yeare. 

M""  John  Done  is  appointed  by  the  Court  to  adminester  marriage  within 
the  township  of  Eastham  for  this  following  yeare,  and  to  adminester  an  oath 
to  any  witnesses  to  giue  euidence  to  the  grand  enquest,  and  alsoe  to  any  wit- 
nesses to  giue  euidence  to  the  Court  for  the  tryall  of  a  cause  to  any  within  the 
towne  of  Eastham  for  this  following  yeare. 

*Gorg  Vaugham,  of  Marshfeild,  vpon  his  ;psentment  for  not  attending       [*48.] 
the   publicke   worship    on   the    Lords    day,   fined,    according   to    order,    ten  Fines  and  sen- 

sures. 

shillinges. 

Wiliam  Paule,  of  Taunton,  fined  for  drunkenes,  it  being  the  2°™*  time, 
ten  shillinges. 

The  same  Paule,  for  breach  of  the  peace,  thi-ee  shillinges  and  four  pence, 
and  for  prophane  swearing  that  hee  bee  sett  in  the  stockes  as  the  constable 
shall  haue  order,  and  for  his  not  appeering  to  his  summones  hee  is  fined 
twenty  shillinges. 

John  Hathewey,  for  his  breach  of  the  peace,  fined  three  shillinges  and 
four  pence. 

John  Doged,  of  Eehoboth,  being  by  Captaine  Willett  convicted  of  two 
lyes,  is  fined  twenty  shillinges. 


44 


PLYMOUTH    COLONY    RECORDS. 


1GG3. 


1  June. 

PllENCE, 

Gou". 


[*49.] 


It  is  ordered  by  the  Coiu't,  that  Edward  Perrey  bee  called  to  account  in 
convenient  time  for  a  rayling  letter  which  hee  wrote  to  the  Court. 

It  is  agreed  and  ordered  by  the  Court,  that  in  due  and  convenient  time 
Wiliam  Nicarson  bee  required  to  make  satisfaction  for  his  breach  of  the  law 
prohibiting  any  to  buy  or  hier  any  lands  of  the  Indians  without  lycence  and 
by  order  of  the  Court. 

It  is  ordered  by  the  Court,  that  a  letter  shalbee  drawne  vp  as  from  the 
Court,  and  sent  to  Road  Hand,  in  answare  to  theii'es,  and  likewise  the  Court 
haue  declared  themselues  that  they  see  noe  cause  to  admitt  of  a  treaty  with 
them  concerning  our  lands  claimed  and  pretended  by  them  to  bee  purchased,  it 
being  but  to  make  a  dispute  in  matters  that  are  cleare  and  out  of  controuersy, 

*It  is  ordered  by  the  Court,  that  a  convenient,  hansome  rome  bee  aded 
to  the  Golinors  house,  and  that  the  charg  of  the  building  therof  bee  defrayed 
out  of  the  pay  for  Kenebecke,  if  that  kind  of  pay  will  doe  it ;  and  if  not,  then 
a  pte  of  those  goods,  and  the  rest  to  bee  raised  by  rate ;  and  that  the  major, 
the  Treasurer,  and  Cornett  Studson  are  impowered  to  take  course  for  the  pro- 
cureing  of  the  thinge  done,  on  such  conditions  as  they  can. 

The  sume  of  thirty  pounds  is  allowed  to  the  GoQ  for  his  extreordinary 
charges  this  yeare,  in  the  best  pay  that  wee  can  make  it. 

It  is  ordered,  that  the  Treasurer  bee  requested  to  prouide  for  the  majes- 
trates  table,  as  formerly. 


4  August.      *Mt  the  Court  of  Assistants  held  att  Plymouth  the  fourth  Day  of 
[*^0-]  Augmt,  1663. 

Before  Thomas  Prence,  Gou'',  Josias  Winslow, 

"Wiliam  CoUyare,  Thomas  Southworth,  and 

John  Aldin,  Wiliam  Bradford, 

Assistants,  &6. 


VPON  the  motion  of  M-^  Hatherley  and  M'  Tildin,  in  the  behalfe  of  the 
widdow,  Mistris  Lydia  Garrett,  of  Scittuate,  to  haue  libertie  to  seU 
stronge  liquors,  in  regard  that  sundry  in  that  towne  are  oft  times  in  nessesitie 
therof,  this  Court  doth  giue  libertie  vnto  the  said  Lydia  Garrett  to  sell  liquors, 
alwaies  prouided  that  the  orders  of  Court  concerning  selling  of  liquors  bee 
obserued,  and  that  shee  sell  none  but  to  house  keepers,  and  not  lesse  than  a 
gallon  att  a  time. 


COUKT    ORDERS. 

Libertie  is  graunted  vnto  Thomas  Leanard,  of  Taunton,  Seni"",  to  sell 
stronge  liquors  and  wine  in  the  said  towne  betwixt  this  date  and  the  Court  to 
bee  holden  att  Plymouth  in  June  next,  and  that  hee  obserue  the  orders  of 
Coui-t  as  are  extant  about  selling  of  liquors  and  wine,  and  that  hee  keep  good 
order  in  his  house  with  them  to  whom  hee  sels  any. 

Josepth  Andrews  fined  fine  shillings  for  refusing  to  serue  on  a  jury  for 
the  laying  out  of  highwaies  att  Duxburrow,  being  sumoned  thervnto. 

Memorand :  that  John  Sutton  bee  summoned  vnto  the  next  Generall 
Court,  to  giue  an  account  of  the  deuision  and  disposall  of  the  estate  of  Samuell 
House,  deceased,  incase  M'  Tildin  and  hee  doe  not  end  it  in  the  interem  ;  and 
that  notwithstanding  hee  bee  suinoned  to  giue  in  cecuritie  for  the  said  estate 
and  the  disposall  therof  vnto  the  Coui-t. 

Richard  Bourne  and  Myles  Blacke  were  appointed  by  the  Court  to  pur- 
chase the  land  of  the  Indians  that  M"^  Freeman  hath  graunted  vnto  him  and 
the  children  of  M'  Paddy  by  the  Court,  and  likewise  to  sett  apart  such  a  por- 
tion of  the  ceader  swampe  that  is  therin  as  shalbee  behoofefuU  and  by  them 
thought  competent  for  the  naighbourhood  residing  att  Mannomett. 


45 


1663. 

4  August. 

Phenoe, 

Gou". 


*Mt  the  Generall  Court  held  att  Plymouth  the  fift  of  October,  1663.     s  October. 

[*51.J 
Bkfoke  Thomas  Prence,  GoS,  Thomas  Southworth, 

Wiliam  Colyaxe,  Wiliam  Bradford,  and 

John  Aldin,  Thomas  Hinckley, 

Josias  Winslow, 

Assistants,  &6. 


THE  inhabitants  of  the  towne  of  Taunton  haueing  seuerall  times,  for 
diuers  yeares,  complained  of  the  straightnes  of  the  bounds  of  theire 
towne,  and  haueing  petitioned  the  Court  for  some  enlargment,  the  Court, 
haueing  desired  some  to  take  a  view  of  what  they  haue  desired,  and  finding 
that  it  is  not  hkely  to  bee  prejudiciall  to  any,  they  graunt  as  followeth,  vizj  : 
that  the  path  which  goeth  from  Namassakett  to  Assonett  Riuer  bee  theire 
bounds  on  the  southeast,  and  soe  by  a  line  from  thence  to  Baiting  Brooke,  and 
from  Baiting  Brooke  a  north  line  till  it  meet  with  theire  opposite  line  called 
the  Longe  Square,  prouided  that  it  come  not  within  two  miles  of  Tetacutt  ; 
alsoe,  it  is  graunted  that  the  inhabitants  of  Taunton  that  haue  interest  in  the 


46 


PLYMOUTH    COLONY    KECORDS. 


1663. 

6  October. 

Peence, 

Gou". 


[*52.] 


Cleared. 


iron  workes  there  shall  haue  free  libertie  to  cutt  wood  on  t^ose  lands  for  the 
vse  of  theire  iron  "workes,  but  not  any  foraigner  excepting  Richard  Church,  of 
Hingham. 

Letters  of  adminnestration  is  graunted  Vnto  Lydia  Rawlins,  widdow,  to 
adminnester  on  the  estate  of  Nathaniel  Rawlins,  deceased. 

Captaine  Willett  is  requested  to  adminnester  an  oath  to  the  widdow 
Abell,  of  Rehoboth,  for  the  truth  of  the  inventory  of  the  estate  of  Robert 
Abell,  deceased. 

Memorand  :  that  the  Court  doe  consider  of  the  condition  of  Naomy 
Siluester,  widdow,  her  deceased  husband  haueing  by  his  last  will  and  testament 
left,  in  an  absolute  way,  but  a  smale,  inconsiderable  pte  of  his  estate  vnto 
her ;  that  the  Coui't  take  some  prudent  course  that  shee  bee  considered  with 
that  w''  may  bee  thought  convenient  in  that  respect,  shee  haueing  approued 
herselfe,  as  appeers  by  the  testimony  of  some  of  her  naighbours,  to  bee  a 
frug%ll  and  laborious  woman  in  the  procuring  of  the  said  estate. 

In  answare  to  a  complaint  made  by  Gorge  Allin,  of  Sandwich,  about  the 
straightnes  of  a  way  from  his  house  to  the  coiiion,  the  Court  haue  ordered 
Benjamine  Nye,  Edmond  Freeman,  Juni"",  and  Thomas  Tobey  to  lay  out  the 
said  way,  which  is  to  bee  thirty  foot  wide,  and  with  as  little  f>judice  as  can 
bee  vnto  any. 

The  Court  doth  allow  vnto  three  Indians  that  came  to  the  Court  to 
answare  the  complaint  of  Ephraim  Done,  the  said  Done  not  appeering  att  the 
last  Court  to  prosecute  his  complaint,  to  each  of  them  fine  shillinges. 

*Leiftenant  Torrey,  John  Bryant,  and  Wiliam  Barstow  are  appointed  by 
the  Court  to  lay  out  a  certaine  tract  of  land,  formerly  graunted  to  M'  Hath- 
erley,  aboue  Scittuate  bounds,  next  Accord  Pond,  which  said  land  is  to  bee 
layed  out  according  to  an  order  of  Court  bearing  date  March,  1662. 

The  Court  certifyed  to  the  towne  of  Scittuate,  that  they  requu-e  them  to 
appoint  two  men  whoe  they  shall  thinke  meet  to  be  aded  to  Leiftenant  Tor- 
rey, John  Bryant,  and  Wiliam  Barstow,  to  run  the  line  of  Scittuate  betwixt 
Indian  Head  Riuer  Pond  and  Accord  Pond ;  and  incase  the  towne  shall  ne"-- 
lect  to  choose  two  men,  then  the  Court  appoints  the  said  Leiftenant  Torrey, 
John  Bryant,  and  "Wiliam  Barstow  to  run  the  said  line,  and  this  to  bee  done 
by  the  26  of  this  instant  October. 

Marcye  Tubbs  acknowlidgeth  to  owe  vnto  our  soil  lord  ] 
the  Kinge  the  suiiie  of 

Wiliam  Tubbs  the  sume  of 10  :  00  :  00 

The  condition,  that  if  the  said  Marcye  Tubbs  bee  of  good  behauior 
towards  our  soil  lord  the  Kinge  and  all  his  leich  people,  and  appeer  att  the 


20  :  00  :  00 


COURT    OEDERS. 


47 


20  :  00  :  00 


5  October. 

PltENCE, 

Gou". 
Released. 


Court  to  bee  holden  att  Plymouth  the  first  Tusday  in  March  next,  and  not      1  6  G  3 
depart  the  said  Court  without  lycence  ;  that  then,  &6. 

Josepth  Rogers  acknowlidgeth  to  owe  vnto  our  soil 
lord  the  Kinge  the  sume  of 

"Willram  Randall  the  suine  of 10  :  00  :  00 

The  condition,  that  if  the  said  Josepth  Rogers  bee  of  good  behauior 
towards  our  soQ  lord  the  Kinge  and  all  his  leich  people,  and  appeer  att  the 
Court  to  bee  holden  att  Plymouth  the  first  Tusday  in  March  next,  and  not 
depart  the  said  Court  without  lycence ;  that  then,  &6. 

The  abouesaid  Marcye  Tubbs  and  Josepth  Rogers,  for  theire  absean  and 
laciuous  behauior  each  with  other,  cleared  against  them  by  the  trauers  of  a 
;Psentment  against  them,  were  centanced  by  the  Court  to  find  sureties  for 
theire  good  behauior  as  abouesaid,  and  fined  each  fifty  shillings  for  the  vse  of 
the  collonie. 

Wiliam  Norkett,  for  coinitting  fornication  with  his  now  wife,  fined  fiue 
pounds. 

Nehemiah  Bessey,  for  drinking  tobacco,  att  the  meeting  house  att  Sand- 
wich, in  the  time  of  exercyse  on  the  Lords  day,  was  fined  fiue  shillings, 

Thomas  Ingham,  vpon  his  ^sentment  for  detaining  yerne  from  sundrey 
psons  whoe  brought  it  to  him  to  bee  wove,  is  fined  ten  shillinges. 

Ralph  Earle,  for  drawing  his  wife  in  an  vnciuell  manor  on  the  snow,  is 
fined  twenty  shilhngs. 

Richard  Berry,  and  Wiliam  GriiEn  and  his  wife,  and  Richard  Michell  These  fines  a 


ing  to  the  law,  to  the  vse  of  the  collonie. 


I  are 

and  his  wife,  for  playing  att  cards,  fined  each  of  them  forty  shillings,  accord-  ^'  "^  "^^^  ^ 

held  in  March, 
_  .  165y. 

Abraham  Peii-ce,  Juni',  to  bee  sumoned  to  appeer  before  the  major  and 
M'^Aldin  to  answare  for  his  abusiue  speeches  vsed  to  his  father,  and  if  they 
shall  see  cause,  to  bind  him  ouer  to  answare  it  att  the  Court. 


*The  Rates  that  were  leuied  on  the  seuerall  Townshipes  of  this  Jurisdiction 
for  the  Charge  of  the  Majestrates  Table  and  of  the  Comissioners  and 
other  nessesary  Charges  of  the  Collonie,  vizj,  the  Officers  "Wages,  &fi. 


Plymouth, 

Doxborrow, 

Scitteatt, 

Sandwich, 

Taunton, 

Yarmouth, 

Barnstable, 


10  :  03  :  06 
05  :  15  :  00 
16  :  12  :  09 
09  :  06  :  02 
09  :  06  :  02 

09  :  06  :  02 

10  :  03  :  06 


[*53.] 


48 


1663. 

^- Y •' 

5  October. 

Pbenoe, 

Gou". 


PLYMOUTH    COLONY    RECOEDS. 

Marshfeild, 09  :  06  :  02 

Rehoboth, 13  :  17  :  09 

Eastham, 07:08:06 

Bridgwater, 04:02:06 

Sowamsett, 06  :  17  :  00 

Coaksett  and  Cushenett, 02  :  10  :  00 


The  abouesaid  pticulars  were  ordered  by  the  Court  to  bee  payed  in  wheat 
att  4'  6*  p  bushell,  or  in  mault  att  4'  6*  p  bushell,  soe  much  therof  as  respects 
the  charge  of  the  majestrates  table,  with  other  nessesary  charges  of  the  collo- 
nie,  excepting  the  officers  wages,  which  is  to  payed  in  Indian  come  at  three 
shillings  p  bushell. 


1  December. 

[*54.] 


*Att  the  Court  of  Assistants  held  att  Plymouth  the  first  Day  oj 

'December,  1663. 


Before  Thomas  Prence,  Gou', 
Wiliam  CoUyare, 
John  Aldin, 
Josias  Winslow, 

Assistants,  &6. 


Thomas  Southworth, 
Wiliam  Bradford,  and 
Thomas  Hinckley, 


IN  answare  to  Bichard  Chadwell  his  complaint  of  wronge  done  vnto  him 
by  the  laying  out  of  a  way  through  his  ground,  through  a  wronge  enfor- 
mation  giuen  vnto  the  Court  by  Gorge  Allin,  of  Sandwich,  the  Court  haue 
ordered,  that  the  way  formerly  layed  out  by  M''  Vincent,  M'  Freeman,  and 
Richard  Bourne  shall  stand  as  formerly,  onely  that  the  place  att  the  turning, 
where  it  was  so  straight,  shalbee  made  wider ;  and  those  men  abouenamed 
shall  further  order  matters  about  that  way  as  occation  shall  require. 

Vpon  the  complaint  of  Samuell  Chandeler,  that  the  range  of  the  land  is 
not  sett  betwixt  Moses  Simons  &  himselfe,  the  Court  haue  ordered  Wiliam 
Paybody,  Phillip  Delanoy,  and  Leiftenant  Nash  to  run  the  range  of  the  said 
land,  according  to  theire  best  intelligence  and  with  the  best  care  they  can. 

Att  this  Cotu-t,  Thomas  Pope  and  Gyles  Rickard,  Seni"",  for  breaking  the 
Elinges  peace  by  striking  each  other,  were  fined  each  three  shillinges  and  foure 
pence ;  and  concerning  the  said  Pope  his  takeing  away  a  certaine  pcell  of 
wood  from  the  said  Rickards  dore,  which  was  the  occation  of  the  abouesaid 


20  :  00  :  00 


COURT    ORDERS.  49 

breach  of  peace,  the  Court  haue  orderedj  that  the  said  Pope  shall  returne  the      16  6  3. 
said  wood  againe ;  and  for  the  said  Thomas   Pope  his  striking  of  the  said    "       ^       ' 
Eickards  wife,  and  for  other  turbulent  carriages  in  word  and  deed,  the  Coui-t      pkj,nce 
haue  centanced  him  to  find  surties  for  his  good  behauiour  vntill  the  Generall        Cfou". 
Coui-t  to  bee  holden  for  this  goQment  the  first  Tusday  in  March,  and  for 
longer  time  if  the  Court  shall  see  reason. 

Thomas  Pope  acknowlidgeth  to  owe  vnto  our  soQ  lord' 
the  Kinge  the  suine  of ^ 

Samuell  Dunham  the  suine  of  ten  pounds. 

The  condition,  that  if  the  said  Thomas  Pope  bee  of  good  behauior  towards  Freed  of  these 
our  soQ  lord  the  Kinge  and  all  his  leich  people,  and  doe  appeer  att  the  Gen- 
erall Court  to  bee  holden  for  this  goQment  att  Plymouth  the  first  Tusday  in 
March  next,  and  not  depart  the  said  Court  without  lycence ;  that  then,  &d. 

Att  this  Court,  Wiliam  Nicarson,  Seni'',  being  summoned,  appeered  to 
answare  for  his  purchasing  of  land  of  the  Indians  att  Mannamoiett,  contrary 
to  order  of  Court,  and  owned  the  same,  but  sayed  that  hee  had  done  the  same 
of  ignorance,  &6,  and  intreated  the  mercye  of  the  Court  in  that  behalfe. 


*Att  the  Generall  Court  holden  att  Plymouth  the  first  Day  of  March,  1663-4. 

^nno  Dom  1663.  1  March. 

[*55.] 
Before  Thomas  Prence,  GoQ,  Thomas  Southworth, 

John  Aldin,  Wiliam  Bradford,  and 

Thomas  Willett,  Thomas  Hinckley, 

Josias  "Winslow, 

Assistants,  &3. 

A  TT  this  Court,  a  biU  of  inditment  was  prefered  against  Samuell  Rowland, 
.ZTA-  of  the  towne  of  Duxburrow,  in  the  jurisdiction  of  Plymouth,  in  New 
England,  in  America,  for  that  by  discharging  of  a  fowling  peece  on  the  body 
of  Wiliam  Howse,  late  of  Sandwich,  in  the  jurisdiction  aforsaid,  on  the  twenty 
fift  of  October,  anno  Dom  1663,  att  a  place  comonly  called  the  High  Pyne, 
on  the  Salt  House  Beach,  in  the  said  jurisdiction,  wherby  the  said  House  was 
wounded,  languised,  and  ymediately  died. 

And  the  said  Howland,  being  demaunded  by  whom  hee  would  bee  tryed, 
answared,  by  God  and  the  countrey. 

The  names  of  the  jury  that  went  on  this  tiyall  are  as  foUoweth  :  — 

VOL.    IV.  7 


50  PLYMOUTH    COLONY    RECORDS, 

1663-4. 

1  March. 


Pbence,      sworne, 

Gou^ 


'M'  Josias  "Winslow,  Seni', 
Edward  Jenkens, 
M'  Nicholas  Pecke, 
Isacke  Chettenden, 
Thomas  Burge,  Seni', 
James  "Walker, 


sworne,  . 


'John  Tisdall, 
Samuell  Fuller, 
Josepth  Bedle, 
Wiliam  Swift, 
Myles  Blacke, 
Wiliam  Barstow. 


The  verdict  of  the  said  jury  is  as  foUoweth,  verbatim  :  — 

Not  guilty  of  wilfuU  murder ;  yett  wee  find  that  the  said  House  receiued 
his  deadly  wound  by  Samuell  Howlands  gun  goeing  of  as  it  lay  on  his 
shoulder. 

Vpon  the  receiueing  the  said  verdict,  the  said  Samuell  Howland  was 
openly  cleared  and  sett  att  hberty,  hee  discharging  all  nessesary  charges  of 
his  imprisonment. 
r*56.1  *John  Briggs,  Seni',  of  Taunton,  for  breakeing  the  Sabbath,  fined  ten 

shiUings,  according  to  order. 

Timothy  Hallowey,  of  Taunton,  for  misdemenor  in  frequent  kising  the 
wife  of  John  Hathewey,  and  for  being  att  the  house  of  the  said  Hathewey  att 
vnseasonable  time,  and  for  neglecting  to  appeer  att  Court  according  to  sumons, 
fined  twenty  shillings. 

Ensigne  "Wiliams  and  John  Bayley,  for  breakeing  the  peace  by  striking 
one  another,  fined  each  00  :  03  :  04. 

Richard  Willis  and  Josepth  Sauory,  for  breaking  the  peace  by  striking 
one  another,  fined  each  00 :  03  :  04. 
These  two  Tvee-  Ann,  the  wife  of  Wiliam  Hoskins,  for  speaking  most  laciuiouse  and  filthy 

I116I1  W6r6  C6I1"' 

tanced  either     language  to  Hester  Eickard,  fined  twenty  shilliugs. 

to  sit  m  the  Hester,  the  wife  of  John  Eickard,  for  most  abcean  and  filthy  speeches, 

stockes  dunng  j     x 

the  pleasure  of  fined  twenty  shillings. 

pay  the  fines  Eichard  Willis  and  Francis  Baddow,  for  breach  of  the  Sabbath,  fined  each 

'^f'^'^,™-  ten  shiUinges. 

ed,  and  they  ° 

chose  to  pay  Eobert  Eansome,  for  breach  of  the  Sabbath,  fined  ten  shillings ;  the  said 

Eansom,  for  his  turbulent  and  clamorvs  carriage  in  the  Court,  was  comitted  to 
ward  during  the  pleasure  of  the  Court. 

Henery  Green,  of  Taunton,  for  breach  of  the  peace  by  striking  PhiUip 
Leanard,  fined  03  :  04. 

In  reference  to  Anthony  Annables  fsentment  the  Court  orders,  that  it 
bee  signifyed  to  him  that  they  looke  att  it  as  a  rash  acte  of  him,  worthy  of 
blame,  yett  soe  as  judging  that  it  was  not  any  wilfuU  intensioii  of  his  to 


the  fine. 


COUKT    OEDERS.  51 

remoue  any  land  markes,  properly  soe  called,  and  therfore  passe  it  by,  yett    166  3-4. 
wittaU  conceiue  the  grand  enquest  might  see  cause,  by  reason  of  theire  oath, 
to  g>sent  it. 

Att  this  Court,  fine  Indians,  for  abusing  Robert  Shelley,  of  Barnstable, 
by  coming  one  euening  into  his  house  and  afrighting  his  family,  and  other 
abuses  att  that  time  by  them  offered,  were  all  sentanced  to  sit  in  the  stockes 
on  some  publicke  day  of  meeting,  att  the  discretion  of  M'  Hinckley ;  and 
likewise  they  are  to  pay  vnto  the  said  Robert  Shelley,  each  of  them,  fiue  shil- 
lings in  worke  or  otherwise. 

•Concerning  Robert  Harper,  for  his  intoUorable  insolent  disturbance  both       [*57.] 
of  the  congregation  of  Barnstable  and  Sandwich,  and  for  his  abusiue  and 
causles  railing  vpon  M'  "WaUey  and  M''  WisweU,  the  Court  haue  sentanced 
him  to  bee  now  pubHckly  whipt,  which  accordingly  was  inflicted. 

Richard  Willis,  for  rebaldry  speeches  by  him  spoken,  was  sentanced  to 
site  in  the  stockes,  which  accordingly  was  pformed. 

Abraham  Hedge,  for  pound  breach,  fined  fifty  shillinges. 

An  Indian  was  complained  on,  att  this  Court,  for  abusing  of  Humphery 
Tiffeney ;  this  was  refered  to  Cap?  Willett  to  heare  and  determine. 

Att  this  Court,  Thomas  Lucas  was  publickly  whipt  for  being  drunke  the 
third  time.  Hee  was  sentanced  formerly  for  being  drunke  the  third  time ; 
neuertheles  the  execution  therof  was  respected  TatiU  hee  should  bee  found 
drunke  againe,  which  accordingly  was  witnessed  against  him,  and  soe  the  said 
punishment  was  inflicted  on  him  as  aforsaid. 

Att  this  Court,-  Isacke  Gumey,  for  pilfering  and  other  disorderly  liueing, 
was  sentanced  by  the  Court  to  bee  whipt,  which  according  was  inflicted. 

An  Order  of  Court  directed  to  the  Townsmen  of  Scittuate  concerning  the 

said  Gurney. 

To  the  Townsmen  of  Scittuate. 

These  may  certify,  that  Isacke  Gurney,  whoe  was  complained  against  by 
some  of  youers  for  pilfejiag  and  other  disorderly  liueing,  hath  for  the  same 
receiued  such  punishment  as  wee  judged  hee  was  capeable  of  beareing ;  and 
not  finding  that  hee  doth  soe  properly  belonge  to  any  other  place  as  to  youer 
towne,  wee  can  doe  noe  lesse  then  send  him  backe  vnto  you,  with  order  that 
hee  bee  prouided  for  according  to  his  condition,  and  that  such  as  you  shall 
place  him  with  doe  soe  order  and  goUn  him  as  that  soe  farr  as  hee  is  able  hee 
may  bee  made  to  worke  for  his  liueing  ;  and  that  wheras  some  extreordinary 
charge  hath  arisen  by  his  imprisonment,  that  it  bee  by  you  repayed. 


52  PLYMOUTH    COLONY    RECOEDS. 

16  6  3-4.  And  accordingly  the  said  Gurney  was  by  waiTant  returned  from  constable 

^  to  constable  backe  to  Scittuate. 

p  Att  this  Courtj  Wiliam  Maaz,  of  Taunton,  for  swearing  profanely,  sen- 

Gou".        tanced  to  sitt  in  the  stockes  att  Taunton  on  some  pubKcke  meeting  day ;  an 
order  to  bee  sent  vp  about  it. 

[*58.]       *A  Note  of  the  pticulares  of  the  Liq^uors  that  haue  bin  brought  into  the 
Towne  of  Yarmouth  siace  May,  1663,  and  envoyced. 

Item,  Edward  Sturgis,  Seni',  &  M"^  Hedge,  one  anker. 
Item,  Edward  Sturgis,  one  anker  in  June,  (63.) 
Item,  Edward  Sturgis,  10  gallons  of  sacke  &  12"  of  lead. 
Item,  M'  Hedge,  a  quarter  caske  of  liquors,  and  one  barrell  of  powder, 
and  100"  of  shott,  and  50"  of  ledd. 

December,  (63.) 

Item,  Samuell  Sturgis,  10  gallons. 

Item,  Edw  Sturgis,  Seni',  10  gallons. 

Item,  Edw  Sturgis,  Juni%  10  gallons. 

Item,  Elisha  Hedge,  10  gallons. 

Item,  M"^  Hedge,  10  gallons  &  fine  cases. 

Item,  Samuell  Sturgis,  86"  of  shott,  &  14"  of  powder  &  an  halfe. 

Item,  Elisha  Hedge,  8  pound  of  powder. 

Item,  M'  Hedge,  20"  of  powder,  &  100"  of  shott,  &  40  or  50"  more. 

Item,  Robert  Eldred,  8  pound  of  shott. 

Item,  M'  Thacher,  3  cases. 

January,  (63.) 

M'  Hedge,  Edw  Sturgis,  Seni',  &  Samuell  Sturgis,  17  gall. 

Nathaniell  Couell,  10  gallons. 

Teage  Jones,  10  gall  envoyced,  and  one  case  forfeite  to  the  country. 

Eichard  Michell,  10  gall. 

ANTHONY  THACHEE, 
EOBEET  DENIS 

The  Account  of  the  "Wine,  Liquors,  Powder,  and  Shott  that  hath  bine  giuen 
in  to  mee,  that  hath  bin  brought  into  Barnstable. 

The  first  of  ApriU,  (63.) 

Thomas  Huckens,  for  himselfe,  4  or  5  and  30  gali  of  wine  and  9  gallons 
of  brandy. 


COURT    ORDEES.  53 

For  Josepth  Laythorp,  10  gallons  of  rum ;  and  another  time,  for  Nicholas   16  6  3-4. 
Dauis  &  his  man,  4  gallons  of  liquors  ;  the  next  time  hee  brought  a  case  of  ^    ~ 

,.  1  March. 

liquors  and  halfe  a  hundred  of  shott.  Pkencis 

Trustrum  Hull,  the  4*"  of  June,  (63,)   100  gallons  of  liquors ;  and  in        Ct"'^"'- 
Nouember,  (63,)  six  cases  of  liquors,  and  a  barrell  of  powder,  &  200  waight 
of  shott,  for  M""  Thomas  Clarke  j  hee  brought  about  20  gali  of  rum. 

February  29,  (63.)  ^  -«>  ^OSEPTH   LAYTHOKP. 

*In  reference  to  the  longe  and  troublesome  controversye  between  John  [*59.] 
Jacob  and  John  Sutton,  now  att  length  comeing  before  vs  in  a  way  of  chan- 
cery, wee,  haueing  seriously  considered  the  case  both  as  formerly  att  large 
posessed  of  it  and  as  now  it  stands,  see  cause  to  remitt  of  the  bonds  forfeited 
the  soine  of  twenty  three  pounds ;  and  doe  adjudge  that  John  Sutton  doe  pay, 
or  cause  to  bee  payed,  vnto  John  Jacob,  between  this  and  the  29""  day  of  the 
next  September,  in  current  pay,  att  a  current  prise,  att  the  house  of  Gorge 
Russell,  of  Scittuate,  the  suiue  of  twenty  seauen  pounds,  which  incase  hee  doe 
not,  that  then  the  said  Jacob  shall  haue  an  execution  to  bee  forthwith  leuied 
on  his  estate  for  the  abouesaid  sume  of  twenty  seauen  pounds ;  and  that  the 
said  John  Sutton  is  to  giue  the  said  John  Jacob  sufficient  notice  of  the  time 
of  the  deHuery  of  the  said  sume  att  the  place  abouenamed. 

In  reference  vnto  the  complaint  of  Eichard  Tayler,  of  the  Rocke,  against 
Thomas  Starr,  that  hee  had  taken  a  peece  of  timber  a  way  from  him,  the  Court 
haue  ordered  the  said  Tho  Starr  to  retume  vnto  the  said  Rich  Tayler  another 
peece  of  timber  as  good  as  that  hee  tooke  away  by  the  22°°°'*  of  this  instant 
March,  and  to  pay  all  damages  the  said  Tayler  hath  bine  att  about  the  recou- 
ery  of  the  said  peece  of  timber ;  which  if  hee  shall  neglect  to  doe,  hee  shall 
pay  vnto  the  said  Rich  Tayler  three  pounds,  out  of  which  sufiie  hee  is  to  take 
his  said  charges.  u       s       d 

The  charge  comes  in  all  vnto 01  :  09  :  06 

Forasmuch  as  great  wronge  hath  bin  don  by  diuers  of  the  inhabitants  of 
the  towne  of  Plymouth,  for  want  of  bounds  of  the  first  lotts  towards  Plain 
Dealing,  the  Court  doth  order,  that  the  want  of  measure  in  the  breadth  of  the 
lotts  on  the  south  side  of  the  lotts  of  M'  John  Winslow  shall  haue  theire  meas- 
ure on  the  south  side  vpon  the  comon  aboue  the  acrees,  and  that  Sarjeant 
Morton  and  Gorge  Bonum  lay  them  forth  att  the  first  oppertunity,  and  giue 
in  to  the  clarke  what  bounds  they  make,  to  prevent  trouble  for  the  future. 

*Conceming  the  complaint  of  John  Allin,  of  Sandwich,  against  Keencom-       [*60.] 
sett,  that  hee  hath  not  satisfyed  an  agreement,  bearing  date  June  3,  1663, 
about  the  killing  of  a  mare,  the  Court  hath  ordered,  that  wheras  the  said 


54  PLYMOUTH    COLONY    RECORDS. 

166  3-4.  Keencomsett,  by  his  agents,  hath  left  three  barrells  of  oysters  with  Nicholas 
""     ^'    "^    Dauis,  by  the  said  AUins  former  order,  that  hee  shall  accept  of  them  as  pte 

1  March.  «  »        n  .  i 

■p^  01  pay  lor  the  said  mare,  att  prise  current. 

God".  This  Court,  takeing  notice  of  such  euidence  as  hath  bin  produced  for  the 

clearing  of  a  controuersy  between  John  Tompson,  plaintiffe,  and  Richard 
Wright,  in  reference  to  a  pcell  of  land  att  Namassakett,  doe  allow  an  agree- 
ment between  the  said  pties,  which  was  ordered  heer  to  bee  entered,  as  fol- 
loweth,  vizj :  that  the  said  pties  shall  haue  equall  share  of  the  land  allotted  to 
Francis  Cooke  att  Namaskett  aforsaid,  prouided  that  they  bee  equall  in  bearing 
the  charge  about  the  said  land. 

In  regard  of  much  abuse  of  liquors  in  the  towne  of  Yarmouth,  this  Court 
doth  call  in  any  lycence  formerly  giuen  to  Edward  Sturgis,  Seni'',  and  doe 
require  that  hee  forbeare  to  draw  wine  or  liquors  for  the  future  without  further 
order  from  the  Court. 

And  likewise,  vnderstanding  that  James  Leanard,  of  Taunton,  haueing 
buryed  his  wife,  and  in  that  respect  not  being  soe  capeable  of  keeping  a  pub- 
licke  house,  there  being  alsoe  another  ordinary  in  the  towne,  doe  call  in  the 
said  Leanard  his  lycence. 

Eichard  Bullocke,  of  Eehoboth,  is  alowed  by  the  Court  to  keep  the 
ferrey  there,  soe  that  hee  make  a  horse  boate  to  ferrey  ouer  horses,  and  is 
alsoe  lycenced  to  sell  liquors  to  strangers  and  passengers,  but  not  to  towne 
dwellers. 

Concerning  the  complaint  of  the  sachem,  Phillip,  that  some  of  the  Eng- 
lish of  Rehoboth  haue  felled  some  quantity  of  timber  in  a  swamp  belonging 
to  him,  the  Court  haue  refered  the  hearing  and  determining  of  the  said  case 
to  Capt  "Willett. 

In  reference  to  the  complaint  of  Thomas  Greenfeild  against  Henery 
Saunders,  for  killing  of  the  said  Greenfeilds  cow,  the  Court  doth  order  him  to 
returne  as  good  a  cow,  or  the  valine  therof. 

Jin  reference  vnto  the  complaint  of  Humphrey  Tiffeney,  of  Eehoboth, 
that  an  Indian  there  hath  offered  him  some  abuse,  this    ^    refered  to  Captaine 
Willett  to  heare  and  determine.^ 
[*61.J  *Cap?  Willett  is  appointed  by  the  Coiu't  to  take  securitie  of  Mistris  New- 

man, in  the  behalfe  of  the  Court,  for  adminnestration  on  the  estate  of  M' 
Samuell  Newman,  decesed. 

Eres  of  adminnestration  graunted  vnto  the  said  Mistris  Newman,  together 
with  her  son,  M"^  Samuell  Newman,  Jimi"",  to  adminnester  on  the  said  estate. 

Eres  of  adminnestration  graunted  vnto  the  widdow,  Joannah  Abell,  to 
adminnester  on  the  estate  of  Eobert  Abell,  deceased. 


COURT    ORDERS. 


55 


1  March. 

Pkence, 

Gou". 


20  :  00  :  00 


Capt  "Willett  is  likewise  ordered  by  the  Court  to  take  securite  of  her^  in    1  G  6  3-4. 
the  Courts  behalfe,  for  her  true  and  faithfull  adminestration  on  the  said  estate. 

Lres  of  adminnestration  graunted  to  M'  Nicholas  Pecke  and  Samuell 
Pecke  to  adminnester  on  the  estate  of  M"'  Josepth  Pecke,  deceased. 

Lres  of  adminnestration  graunted  to  John  Ensigne  to  adminnester  on 
the  estate  of  Thomas  Ensigne,  deceased. 

Att  this  Court,  Thomas  Rogers,  of  Eastham,  was  pmitted  and  authorised 
by  the  Court  to  adminnester  vpon  the  estate  of  Josepth  Rogers,  Juni',  de- 
ceased, as  his  heire. 

M"^  Thomas  Walley,  Juni'',  and  M'  Wright,  are  allowed  by  the  Court  to 
retaile  stronge  liquors  att  Barnstable,  soe  that  they  sell  not  lesse  then  a  gallon 
to  any,  and  that  they  giue  in  an  account  therof,  and  the  psons  to  whom  sold. 

M"^  Hinckley  is  appointed  by  the  Court  to  adminnester  an  oath  to  the 
widdow  Lewis  for  the  truth  of  the  inventory  of  the  estate  of  Gorge  Lewis, 
deceased,  and  to  take  securitie  in  the  Courts  behalfe  for  her  true  and  faithfull 
adminnestration  on  the  said  estate. 

And  likewise  M'"  Hinckley  is  authorised  by  the  Court  to  adminnester  an  oath 
to  the  witnesses  of  the  last  will  and  testament  of  Mistris  Jone  Swift,  deceased. 

The  SO"*  of  March,  1664.    Thomas  Lucas  acknowhdg- 
eth  to  owe  vnto  our  soQ.  lord  the  Kinge  the  sume  of 

Stephen  Bryant  the  sume  of 05  :  00  :  00 

And  Gorge  Bonum  the  suine  of 05  :  00  :  00 

The  condition,  that  if  the  said  Thomas  Lucas  bee  of  good  behauior  Released  June 
towards  our  soQ  lord  the  Kinge  and  all  his  leich  people,  and  appear  att  the  ' 
Generall  Court  to  bee  holden  for  this  goQment  att  Plymouth  the  first  Tusday 
in  June,  1664,  and  there  bee  reddy  to  answare  for  his  abusing  of  his  wife  to 
her  danger  and  hazard,  as  alsoe  for  his  railing  and  reuiling  others,  to  the  des- 
turbance  of  the  Kjngs  peace,  and  not  depart  the  said  Court  without  lycence ; 
that  then,  &d. 

*Aprill  T*!",  1664.     Wiliam  Witherell  acknowlidgeth  to 
owe  vnto  our  soQ  lord  the  Kinge  the  suine  of  ...     . 

Hezekiah  Hore  the  sume  of 10  :  00 

The  condition  of  the  abouesaid  obligation  is,  that  if  Wiliam  Witherell  Eeleased. 
bee  of  good  behauior  towards  our  soQ  lord  the  Kinge  and  all  his  leich  people, 
and  especially  to  keep  from  libelling,  and  appeer  att  the  Generall         ^         to 
bee  holden  att  Plymouth  the  first  Tusday  in  June  next,  and  not  depart  the 
same  without  lycence  ;  that  then,  &6. 

Gryles  Gilbert  acknowlidgeth  to  owe  vnto  our  soG  lord  the 
Kinge  the  sume  of 

Gorg  Watson  the  sume  of 10  :  00 


1664. 


30  March. 


11 

20 


00 


[•62.] 

7  April. 


20:00 


56 


PLYMOUTH    COLONY    EECOKDS. 


1664. 

7  April. 
Pbencb, 
Gou". 
Beleased. 


The  condition  of  the  abouesaid  obligation  is,  that  if  Gyles  Gilbert  bee  of 
good  behauior  towards  our  soil  lord  the  King  and  all  his  leich  people,  and 
especially  to  keep  from  libelling,  and  appeer  att  the  Generall  Coui-t  to  bee 
holden  att  Plymouth  the  first  Tusday  in  June  next,  and  not  depart  the  said 
Court  without  lycence ;  that  then,  &6. 

The  cause  of  the  bonds  aboue  written  is,  that  wheras  James  Walker, 
being  a  ptenor  in  the  saw  mills  att  Taunton,  complained  of  great  hurt  done 
to  the  said  saw  mill  by  som  psons  that  came  in  the  night  in  a  fellonious  manor 
and  stole  away  seueraU  thinges,  and  did  great  spoile,  and  left  a  libellous  paper 
behind  them;  and  it  being  suspected  that  the  abouebounden  Wiliam Witherell 
and  Gyles  Gilbert  were  the  psons,  or  some  of  them,  that  haue  done  the  said 
mischiffe,  they,  the  said  "Wiliam  Witherell  and  Gyles  Gilbert,  being  sumoned, 
appeered  att  Plymouth  before  the  GoQ  and  Captaine  Southworth,  on  the  day 
and  yeare  first  aboue  written,  and  being  examined,  it  appeered  that  they  were 
guilty  in  the  aforsaid  pticulares,  and  therfore  the  said  majestrates  saw  cause  to 
take  the  said  bonds  of  them  for  theire  good  behauior,  &6. 


3  May. 

[*63.] 


Beleased. 


Released. 


*Att  the  Court  of  Assistants  held  att  Plymouth  the  3^  Day  of 

May,  1664. 


Befoke  Thomas  Prence,  GoQ, 
Josias  Winslow,  and 

Assistants,  &d. 


John  Aldin, 


A  TT  this  Court,  Josepth  Gray  and  Samuell  Linkorn,  being  surnoned, 
uTjL.  appeered  to  answare  for  being  ptenors  in  doeing  great  hurt  to  the  saw 
mill  att  Taunton,  coming  in  the  night  in  a  fellonious  manor,  and  leaueing  a 
libellous  paper  behind  them,  &6 ;  and  being  examined  about  the  j^mises, 
owned  that  they  were  guilty  therin,  and  therfore  for  the  jpisent  were  sentanced 
to  find  surties  for  theire  good  behauior. 

Josepth  Gray  acknowlidareth  to  owe  vnto  our  soQ  lord  ] 

the  King  the  sume  oi J 

Gorge  Watson  the  sume  of 10  :  00  :  00 

The  condition,  that  if  the  said  Josepth  Gray  bee  of  good  behauior  towards 
our  soQ.  lord  the  King  and  all  his  leich  people,  and  especially  to  keep  from 
libelling,  and  appeer  att  the  Generall  Court  to  bee  holden  att  Plymouth  the 
first  Thiirsday  in  June  next,  and  not  depart  the  said  Court  without  lycen ; 
that  then,  &6. 


COURT    ORDERS.  57 

Samuell  Linkom  acknowlidgeth  to  owe  vnto  our  soQ  1    '^  16  6  4. 

1    ^.T,    ir-      .V,        -      ?  30:00:00  ^J^lZi 

lord,  the  King  the  sume  01 ^ 

Thomas  Leanard  the  sume  of 10  :  00  :  00  ^     ^^' 

POENCE, 

The  condition,  that  if  the  said  Samuell  Linkom  bee  of  good  behauior        Gou". 
towards  our  soQ  lord  the  Kinge  and  all  his  leich  people,  and  especially  keep     ^  ^^^^  ' 
fi-om  libelling,  and  appeer  att  the  Comt  to  bee  holden  att  Plymouth  the  first 
Thursday  in  June  next,  and  not  depart  the  said  Court  without  lycence ;  that 
then,  &d. 

"Wheras,  att  this  Court,  the  aboue  bounden  Josepth  Gray  and  Samuell 
Linkome,  together  with  Gorge  Watson,  complained  of  great  wrong,  sustained 
not  onely  by  them,  but  by  the  whole  towne  of  Taunton,  by  James  Walker  his 
neglecting,  according  to  engagement,  to  leaue  a  sufficient  passage  for  the  her- 
rings or  alewiues  to  goe  vp  in  the  riuer  on  which  the  saw  mill  standeth,  the 
Court  directed  an  order  to  the  constable  of  Taunton  to  require  him  to  signify 
vnto  the  said  James  Walker  that  hee  speedily  take  course  that  a  free  passage 
bee  left  for  the  goeing  vp  of  the  alewiues  in  the  said  riuer  whiles  yett  some 
pte  of  the  season  remaines  of  theire  goeing  vpp. 

*Att  this  Court,  vpon  the  com.plaint  of  Wiliam  Browne  against  Henery  [*64.] 
Saunders,  for  non  payment  of  a  debt  of  thirty  shillinges  in  butter  and  3^  6*  in 
other  pay,  the  Court  awarded  the  said  Saunders  to  pay  or  cause  to  bee  payed 
to  the  said  Browne,  with  all  convenient  speed,  the  sume  of  40  shili  in  current 
comoditie  att  money  prise ;  and  incase  this  bee  not  done  within  one  month 
after  the  date  heerof,  that  the  constable  of  Sandwich  shall  leuy  and  take  soe 
much  of  the  goods  or  chatties  of  the  said  Saunders  as  will  satisfy  the  said 
sume  of  40^  to  the  said  Browne. 

Att  this  Court,  a  judgment  of  fifteen  shillings,  wanting  a  peney,  was 
graiinted  vnto  James  Cole,  Seni%  against  Henery  Saunders,  for  none  payment 
of  a  debt  due  to  the  said  Cole  from  the  said  Saunders. 

Att  this  Court,  James  Shaw  complained  against  an  Indian,  called  Wawan- 
quin,  for  killing  a  cow  of  his  in  a  trapp ;  and  forasmuch  as  it  appeered  to  the 
Court  that  the  said  Shaw  had  taken  and  disposed  of  the  said  cow,  vizj,  the 
flesh  and  hyde  of  her,  and  that  the  said  Indian  had  none  of  it,  the  said  Indian 
is  awarded  by  the  Court  to  pay  vnto  the  said  Shaw  the  sume  of  thirty  shil- 
lings, in  good  and  considerable  pay,  with  all  convenient  speed. 

Concerning  a  controversye  betwixt  John  Eushell,  of  Acushena,  and  an 
Indian,  about  a  pretended  cure  wrought  by  him  on  the  said  Indian,  whoe  had 
bin  sicke,  the  said  Rushell  afeirming  that  the  Indian  had  giuen  him  his  gun 
in  satisfaction  for  the  said  cure,  hee  complaining  that  sundry  Indians,  to  the 
number  of  flue,  came  into  his  house,  and  in  an  hostile  manor  tooke  away  the 

VOL.    IV.  8 


58  PLYMOUTH    COLONY    RECORDS. 

1664.      said  gun,  the  Couit  ordered,  that  for  his  charge  and  paynes  with  the  said 
^  Indian  as  towards  his  cure,  that  hee,  the  said  Indian,  shall  pay  vnto  the  said 

3  May.  _ 

Peence  Eushell  the  sume  of  twenty  shillings,  and  his  gun  to  bee  deposeted  in  the 
Gou".  constables  hands  till  the  said  20^  is  payed ;  and  that  the  said  Indians,  vizj, 
Woomham,  Pagenatowin,  Weesunka,  Sucquatamake,  and  Chacapaquin,  for 
theire  said  hostile  and  insolent  carriage  in  takeing  away  the  said  gun,  bee  fined 
to  the  vse  of  the  collonie  fiue  pounds,  vizj,  twenty  shillinges  a  peece ;  and 
wheras  the  said  Eushell  was  found  blame  worthy,  in  takeing  vp  of  an  axe, 
and  indeauoring  to  improue  it  against  the  said  Indians  in  a  turbulent  and  dan- 
gerous manor,  the  Court  reproued  him  for  his  soe  doeing,  and  admonished  him 
to  take  heed  of  doeing  noe  more  soe,  as  hee  will  answare  it  att  his  prUl. 
[*65.1  *Att  this  Court,  Hannah  Churchill,  widdow,  desu-ed  that  the  one  halfe 

of  the  land  graunted  to  Wiliam  Pontus,  being  in  the  diuision  of  lands  att 
Namassakett  and  places  adjacent,  might  bee  confeirmed  vnto  her  and  her 
heires  and  assignes  for  euer :  the  Court,  considering  of  her  request,  and  serch- 
ing  the  records  conseming'  both  the  will  of  the  said  deceased  Wiliam  Pontus 
and  the  manor  of  the  graunt  of  the  said  lands,  haue,  with  the  consent  likewise 
of  Phillip  Delanoy,  whoe  was  then  g>sent,  and  with  the  consent  of  Mary,  his 
wife,  the  other  daughter  of  the  said  "Wiliam  Pontus,  settled  the  one  halfe  of 
the  whole  intii-e  share  of  land  lying  and  being  att  Namassakett  or  places  adja- 
cent, with  all  and  singulare  the  meddows  and  all  other  appurtenances  thervnto 
belonging,  vpon  and  vnto  the  said  Hannah  Churchill,  widdow,  to  her  and  her 
heires  and  assignes  for  euer. 

Att  this  Court,  M'  Constant  Southworth  requested  conserning  a  smale  pcell 
of  vpland  ground  lying  neare  vnto  his  meddow,  being  alreddy  his  by  graunt  and 
purchase,  might  bee  settled  and  confeirmed  vnto  him ;  and  wheras  there  is  some 
controversy  between  some  of  the  naighbors  about  the  bounds  and  ranges  of 
theire  lands  lying  neare  vnto  the  said  lands  of  the  said  Constant  Southworth, 
the  Court  haue  appointed  Phillip  Delanoy,  Leiftenant  Nash,  and  Wiliam 
Paybody  to  settle  the  bounds  of  the  said  pcell  of  vpland  vnto  the  said  Constant 
Southworth. 

iiers  of  adminnestration  was  graunted,  att  this  Couit,  vnto  Syselia  Fish, 
widdow,  to  adminnester  on  the  estate  of  M'^  John  Fish,  deceased. 

March  the  4,  1663.  Wheras,  att  the  Court  of  Assistants  holden  att 
Plymouth  the  first  day  of  December,  1663,  Wiliam  Nicarson,  being  sum- 
moned, appeered  to  make  answare  for  his  eregulare  purchaseing  of  land  of 
the  Indians,  contrary  to  the  order  of  Court  bearing  date  anno  1643 ;  and  after 
much  patience  and  forbearance  of  the  Court,  hee,  the  said  Nicarson,  retaine- 
ing,  posessing,  and  improueing  of  the  said  land,  contrary  to  the  aforsaid  order. 


COURT    ORDERS.  59 

the  Court  saw  cause  to  issue  out  -warraiifs,  in  his  ma''"^  name,  to  the  cheife      16  64. 
marshall,  in   reference  thervnto,  the  tenure  wherof  followeth  in  the   next    ""     "< 

3  May. 
"  o     ■  [Pbence, 

GOVEKNOE.] 

*The  Coppy  of  a  Warrant  directed  to  the  Cheife  Marshall  of  the  Jurisdiction       [*66.] 
of  New  Plymouth,  as  foUoweth. 

To  the  Cheife  Marshall  of  the  Jurisdiction  of  New  Plymouth,  greel. 

Wheras,  att  a  Generall  Court  holden  att  Plymouth,  anno  1643,  it  was 
enacted  by  the  Court  that  noe  psons  whatsoeuer  should  purchase  or  buy  any 
land  of  the  Indians  within  this  goQment  but  such  as  the  Court  should  author- 
ise thervnto,  vpon  the  penaltie  of  forfeiting  fiue  pounds  to  the  coUonie  for 
euery  acree  of  land  soe  eregularly  bought  or  purchased  ;  and  wheras  it  hath 
bin  abundantly  manifested  that  Wiliam  Nicarson,  somtimes  of  Yarmouth, 
within  this  jurisdiction,  hath,  contrary  to  the  said  order  of  Court,  purchased 
or  bought  a  very  large  tract  of  land  of  the  Indians  of  Mannomoiett,  to  the 
prejudice  of  many  the  more  ancient  inhabitants  and  freemen  of  this  jurisdic- 
tion, and  that  the  Court  hath  vsed  great  indulgency  towards  the  said  Nicar- 
son by  sundry  tenders  and  much  patience,  if  happily  hee  might  apply  him- 
selfe  to  them  for  his  owne  indempnitie  either  in  whole  or  in  pte,  which  hauelng 
bine  by  him,  the  said  ^  ,  obstinately  refused,  and  resolutely  resolued  to 
carry  on  his  owne  eregulare  way  in  contempt  of  authoritie,  to  the  great  detri- 
ment of  the  whole,  the  Court  finds  themselues  nessesitated  att  the  last  to  put 
forth  in  a  regulare  way  to  giue  some  checke  to  his  vnsufFerable  insolencyes  by 
leuying  some  pte  of  the  penaltie  att  present,  and  soe  to  proceed  further  after- 
wards as  they  shall  see  just  cause.  These  are,  therfore,  in  his  ma"'^^  name,  to 
will  and  comaund  you,  on  receipt  heerof,  to  leuy  the  sume  of  two  hundred 
pounds  of  the  goods  or  chatties  of  the  said  Wiliam  Nicarsons,  or  soe  much 
therof  as  shalbee  found  within  this  goGment,  as  pte  of  the  penaltie  due  for 
the  breach  of  the  aforsaid  order,  and  see  that  they  bee  duely  prised  according 
to  order  of  Court,  and  make  returne  heerof  and  of  youer  doeings  heerin  vnto 

the  Treasurer. 

THOMAS   PRENCE,  GoQ. 

JOHN   ALDIN, 

THOMAS   WILLETT, 

JOSIAS   WINSLOW, 

THOMAS   SOUTHWOETH, 

THOMAS   HINCKLEY. 

Dated  att  Plymouth  the  4«'  of  March,  1663. 


60 


PLYMOUTH    COLONY    RECORDS. 


1664. 

■ Y 

8  June. 

Prence, 

GocK. 

[*67.] 


*Att  the  Generall  Court  of  Election  holden  aft  Plymouth  the  eight 

of  June,  1664. 

Befoee  Thomas  Prence,  GoQ,  Thomas  Southworth, 

John  Aldin,  Wiliam  Bradford,  and 

Josias  Winslow,  Thomas  Hinckley, 

Assistants,  &5. 


M 


R  THOMAS  PEENCE  was  chosen  Gou',  and  sworne. 

Wiliam  Collyare, 
John  Aldin, 
Thomas  "WiUett, 
Josias  Winslow, 
Thomas  Southworth, 
Wiliam  Bradford,  and 
Thomas  Hinckley, 


■were  chosen  Assistants,  and  swome. 


Major  Josias  Winslow  and  Captaine  Thomas  Southworth  were  chosen 
comissioners  for  the  following  yeare,  and  M'  Thomas  Hinckley  is  the  next  in 
nomination. 

M'  Constant  Southworth  was  chosen  Treasurer,  and  sworne. 


The  names  of  the  deputies  that  serued  att  this  Court  and  the  adjourn- 
ments therof  are  as  followeth  :  — 


John  Dunham,  Seni% 
Robert  Finney, 
Ephraim  Morton,+ 
Nathaniell  'Warren,+ 
M'  Constant  Southworth, 
Leiftenant  James  Torrey, 
Isacke  Bucke,H- 
Eichard  Bourne, 
James  SkifFe, 
"Will  Harvey, 
JLeiftenant  Wyatte,! 
Richard  WilHames,+ 


Edward  Sturgis, 
James  Mathews, 
Nathaneell  Bacon,+ 
John  Chipman,+ 
Ensigne  Eames,+ 
Anthony  Snow,+ 
M'  Stephen  Paine,+ 
Leiftenant  Hunt,+ 
Leiftenant  Freeman, 
Josias  Cooke, 
Wiliam  Britt,+ 
John  Willis. 


COURT    ORDERS. 


61 


*The  Grand  Enquest. 


(  "Wiliam  Sabin, 
John  HoUett, 
John  Allin, 
Nicholas  Biram, 
Henery  Bourne, 
swome,  ■{  John  Hall, 
John  Ottis, 
John  Tracye, 
M'  Josias  Standish, 
Thomas  Little, 
John  Tompson, 


sworne,  ■; 


'Wiliam  Harlow, 
Samuell  Dunham, 
Stephen  Winge, 
Josepth  Holly, 
Samuell  "Wilhames, 
John  Deane, 
John  Burgis, 
John  Caruer, 
Thomas  Paine,+ 
Arther  Hathewey. 


1664. 

— — Y— — 
8  June. 
Fbence, 

[*68.] 


The  Constables  of  the  seuerall  Townes. 

Plym, Samuell  Sturtivant. 

Duxfe, Josepth  Andrews. 

risake  Chettenden, 

^^  ^' \wiliam  Curtis. 

Sand, Thomas  Burgis,  Seni'. 

Taunton, Francis  Smith. 

Barns?, Josepth  Laythorp. 

Yarmouth, Samuell  Hall. 

r  John   Thomas, 

\  Francis  Crocker. 

Ilehofe, Samuell  Newman. 

Eastham, Daniel  Cole. 

Bridgw, Samuell  Packer. 

Dartmouth, James  Shaw. 


MarshfeT, 


Surveyors  for  the  Highwaies. 
'M""  Barnes, 


Plya, 


Jacob  Cooke, 
Thomas  Morton. 


*Att  this  Court,  M''  Thomas  WaUey,  Seni"",  M'^  Keith,  Benajah  Dunham, 
and  Samuell  Hunt  were  admitted  to  bee  fi:eemen  of  this  corporation,  and 
swome. 

M'  Thomas  Crosbey  and  Thomas  Sogers  stand  propounded. 


[*69.] 


62  PLYMOUTH    COLONY    RECOKDS. 

1664.  Att  this  Court,  the  body  of  the  j6:eemen  of  this  corporation  being  assem- 

"""">     -'    bled,  it  was  agreed  and  voated  by  them  that  an  adresse  shalbee  made  vnto 

■p        '       his  ma*'"  for  the  further  confeirmation  of  our  pattent  with  as  much  conveniency 

Goti".        as  may  bee ;  and  for  the  management  and  ordering  of  matters  concerning  it, 

both  for  the  raiseing  of  moneyes  and  appointing  of  men  to  bee  imployed 

therin,  the  countrey  haue  refered  the  same  to  the  Court  of  Majestrates  and 

Deputies. 

The  body  of  the  freemen  of  this  corporation,  being  assembled  in  Court, 
haue  ordered,  and  doe  heerby  declare  theire  resolution  to  maintaine  theii-e  just 
rightes,  which  for  many  yeares  they  haue  bine  posessed  of,  in  all  those  lands 
from  Cape  Codd  to  Saconett  Point,  with  Pochasett,  Causumsett,  and  the  lands 
about  Eehoboth  to  Patuckett  Eiuer,  and  as  farr  vp  the  said  riuer  tiU  wee  meet 
the  Massachusetts  line,  which  crosses  the  said  riuer,  and  thence  to  Coahassett 
as  the  line  runs. 

And  that  incase  any  pson  or  psons  bee  seated,  or  shall  seate  themselues, 
within  any  the  said  lands,  or  cause  any  cattle  to  bee  brought  within  the  said 
bounds,  or  otherwise  acte  to  our  treaspas  without  leaue  from  this  goQment, 
and  not  withdraw  after  warning  giuen  them,  that  then  some  effectual  course 
bee  taken  for  the  remouall  of  them. 

And  for  that  end,  it  was  likewise  voated  that  letters  should  bee  directed 
from  this  Generall  Comt  to  the  GoQ  and  Councell  of  Eoad  Hand,  for  the 
asserting  of  our  just  rights  as  aforsaid,  and  that  they  would  imploy  theire 
interest  ouer  such  to  reclaime  them  as  haue  thrust  in  vpon  vs  neare  to  Pochas- 
sett  or  elswhere. 

It  is  ordered  by  the  Court,  that  if  comissioners  shall  come  out  of  Eng- 
land, and  incase,  by  the  prouidence  of  God,  they  shall  either  ariue  in  this 
harbour  or  come  by  land,  that  some  psons  bee  deputed  to  bee  in  a  reddines  to 
accomodate  them  in  a  ciuill  manor  behoofuU  to  theire  condition ;  and  for  that 
end  that  the  Treasurer  bee  prouided  with  nessesaries  for  theire  intertaiment ; 
and  that  incase  there  shalbee  such  occation,  that  a  generall  rate  bee  made  to 
defray  the  charge  therof. 
[*70.]  *It  "^as  ordered  by  the  Court,  for  the  supply  of  our  honored  GoQ,  that  it 

bee  graunted  to  giue  out  of  the  oyle,  if  it  come  in,  the  suine  of  twenty 
pounds,  and  likewise  twenty  pounds  more  out  of  that  which  appertaineth  to 
the  countrey,  for  Keiiebecke,  and  this  to  bee  ordered  for  this  ;psent  yeare ; 
but  if  the  oyle  shall  fayle,  then  to  make  the  supply  out  of  that  which  is  to 
come  to  the  countrey  for  Kenebecke. 

Forasmuch  as  the  countrey  is  indebted  to  the  Treasurer  in  money  fifteen 
pounds,  and  likewise  money  to  bee  provided  for  the  comissioners,  wee  judge 


COURT    OKDERS. 

it  nessesaiy  that  there  bee  a  leuy  of  sixty  pounds,  the  one  halfe  in  money,  the 
other  halfe  in  wheat  or  pease,  and  the  money  to  bee  payed  in  the  month  of 
July  next  ensueing,  for  the  defraying  of  the  aformensioned  charge  and  other 
charges  that  appeers  to  vs  that  will  ensue,  and  the  other  halfe  to  bee  payed  in 
wheat  or  pease  in  the  month  of  October  next. 

The  Proportions  of  the  seuei-all  Townes  as  they  are  rated  to  the 

said  Sume. 


8  June. 

Pkenoe, 

Gou". 


Plymouth, 

Duxburrow, 

Scittuate, 

Sandwich, 

Taunton, 

Yarmouth, 

Barnstable, 

Marshfeild, 

Eehoboth, 

Eastham, 

Bridwater, 

Dartmouth, 

Sowamsett, 


05:  11:00 

03  :  00  :  00 
09  :  01  :  06 
05  :  01  :  00 
05  :  01  :  00 
05  :  01  :  00 
05  :  11 :  00 
05  :  01  :  00 
07  :  11  :  06 

04  :  01  :  00 
02  :  10  :  00 

01  :  00  :  00 

02  :  05  :  00 


The  Acount  of  the  Charges  expended  att  the  Euning  of  the  Line  betwixt  the  This 


Jurisdiction  of  the  Massachusetts  and  ours. 

07  :  06  :  06 


was  al- 
lowed by  the 
Court. 


Item,  money  expended  by  the  Treasurer,  . 
Item,  for  ourselues  and  horses  9  dales,  att  5 

shilli  p  day,        

Item,  for  a  horse  and  a  man  of  Major  Wins- 

lowes,  6  dayes,        

Item,  for  Wiliam  Barstow  9  dayes,  att  thre 

shili  p  day, 


06  :  15  :  00 


01 : 00  :  00 


01  :  07  :  00 


16  :  12  :  06 

Besides  a  horse  and  a  man  that  went  on  our  account,  and  was  forgotten 
to  bee  reconed  by  them ;  and  the  halfe  of  the  charge  of  a  surveyor,  both 
now  and  formerly,  att  20  shillings  p  day.  ' 

*The  Court  haue  ordered  the  suine  of  six  pounds  vnto  Captaine  South- 
worth  and  Captaine  Bradford,  vizj,   to  each  of  them  three  pound,  for  and 


[*71.] 


64 


PLYMOUTH    COLONY    EECOEDS. 


1664. 

^- Y — -^ 

8  June. 

Pkencb, 

Gou=. 


It  was  alsoe 
voted  by  the 
Court  of  Ma- 
jestrates  and 
Deputies,  that 
the  said  Nicar- 
son  shalbee 
■wholly  dispo- 
sessed  of  .the 
said  lands  be- 
fore it  bee  sold 
or  otherwise 
desposed  of. 


[•72.] 


towards  theire  time  &  paines  in  theire  late  journey  to  Conecticott  on  the  coun- 
treyes  busines. 

The  Court  haue  allowed  vnto  Nathanlell  Bacon  and  Robert  Finney,  for 
being  imployed  in  the  countreyes  busines  in  viewing  land,  each  of  them  twenty 
shillings. 

Concerning  a  controuersy  betwixt  sundry  Indians,  vizj,  Mattaquason, 
sachem  of  Mannomoiett,  and  John  Quason,  his  son,  on  the  one  pte,  and 
Wiliam  Nicarson,  on  the  other  pte,  about  bounds  of  lands  bought  by  the  said 
Nicarson  of  the  said  Indians,  the  Court,  haueing  heard  what  can  bee  said  on 
both  pties,  haue  ordered  that  some  psons  bee  deputed  by  the  Court  to  giue 
meeting  to  the  said  Nicarson,  to  take  knowlidge  of  the  bounds  of  the  said 
lands,  and  make  report  therof  to  the  Court. 

Wheras  Wiliam  Nicarson,  of  Yarmouth,  hath  for  some  time  since  ille- 
gally purchased  a  certaine  tract  of  land  att  Mannomoiett,  contrary  to  the  order 
of  Court,  and  that,  notwithstanding  great  patience  and  forbearance  of  the 
Court,  hee  still  psisteth  on  in  his  way  of  posession  and  improueing  of  the 
said  land ;  and  haueing  nothing  to  bee  found  to  answare  the  penaltie  of  the 
law,  the  Generall  Court  of  freemen,  being  assembled,  haue  voated  that  the 
said  land  shalbee  put  to  sale,  and  improued  to  the  vse  of  the  coUonie,  onely 
that  the  said  Nicarson  shall  haue  a  portion  therof  allowed  vnto  him,  accord- 
ingly as  the  Court  or  the  psons  deputed  in  the  behalfe  of  the  countrey  to  make 
sale  therof  shall  thinke  meet ;  which  said  psons  are  M"^  Hinckley,  M'  Bacon, 
Leiftenant  Freeman,  and  Wiliam  Bassett,  they  or  any  three  of  them ;  and  the 
GoQ  is  appointed  by  the  countrey  to  affix  the  common  seale  of  the  goQment 
vnto  such  deeds  as  shall     ^     made  to  any  for  the  sale  therof. 

Cornett  Studson  and  Nathaniel  Warren  are  appointed  by  the  Court  to 
lay  out  a  certaine  tract  or  pcell  of  land  graunted  to  M"^  Browne,  lying  neare 
Patuckett  Riuer,  northward  of  M'  Blackstones. 

M''  Hinckley,  in  the  behalfe  of  John  Coggen,  sollicited  the  Court  to  haue 
Hbertie  to  make  sale  of  the  land  of  Henery  Coggen,  his  father,  deceased  :  the 
Court,  haueing  certaine  intehgence  that  hee,  the  said  John  Coggen,  is  heire 
apparent  vnto  the  said  Henery  Coggen,  and  that  hee  is  of  age,  haue  giuen 
leaue  to  him,  the  said  John  Coggen,  to  make  sale  of  the  lands  as  hee  shall 
see  cause. 

It  is  ordered  by  the  Court,  that  the  generall  training  shalbee  the  first 
Wensday  in  July  next,  and  to  bee  att  Yarmouth  this  yeare. 

*Leiftenant  Josepth  Rogers  is  reestabhshed  in  to  the  ofEce  of  a  leiftenant 
of  the  milletary  companie  of  Eastham. 


COUET    OEDEES.  65 

Serjeant  Ephi-aim  Morton  is  appointed  and  approued  of  by  the  Court  to  1664. 
bee  leiftenant  of  the  milletary  companie  of  Plymouth.  ''^ ''       " 

M'  Josepth  Bradford  is  appointed  and  approued  of  by  the  Coui-t  to  bee      ^^^^^^ 
ensigne  bearer  of  the  milletary  companie  of  Plynlouth.  Gou". 

Henery  Smith  is  appointed  and  approued  of  by  the  Court  to  bee  ensigne 
beai-er  of  the  milletary  companie  of  Eehoboth. 

John  Marchant  is  appointed  and  approued  of  by  the  Coui-t  to  bee  ensigne 
bearer  of  the  milletary  companie  of  Yarmouth. 

It  is  ordered  by  the  Court,  that  the  generall  training  shalbee  this  yeare 
the  first  Wensday  in  July  next. 

Att  tills  Court,  all  that  tracte  of  land  coinonly  called  and  knowne  by  Dartmouth 
the  name  of  Acushena,  Ponagansett  and  Coaksett  is  allowed  by  the  Court  to 
bee  a  townshipe ;  and  the  inhabitants  therof  haue  libertie  to  make  such  orders 
as  may  conduce  to  theire  coinon  good  in  towne  consernments  ;  and  that  the 
said  to-wne  bee  hencforth  called  and  knowne  by  the  name  of  Dartmouth. 

Josias  Cooke  is  deputed  and  appointed  by  the  Court  to  make  contracts  This  is  other- 

___.  wisG  ordprcd.  bv 

of  marriage  in  the  township  of  Eastham,  and  likewise  to  adminnester  an  oath  jj^g  co-ait. 
to  glue  euidence  to  the  grand  enquest  as  occation  may  require,  and  likewise 
to  adminnester  an  oath  to  witnesses  for  the  tryall  of  a  case  as  occation  may 
require,  as  alsoe,  incase  any  stranger  shall  haue  occation  to  comence  a  suite 
against  any  pson,  it  shalbee  lawful!  for  the  said  Josias  Cooke  to  issue  out 
warrants  in  his  ma*'^'  name  to  bind  ouer  the  said  pson  to  answare  the  suite  att 
the  Court  att  Plymouth  by  attachment  or  summons  as  occation  may  require. 

+Leiftenant  James  Torrey  is  authorised  by  the  Court  to  make  contracts  JAnd  other- 
of  marriage  in  the  towne  of  Scittuate  as  occation  may  requhe,  and  likewise  ,vittnesses  to 
to  adminnester  an  oath  to  witnesses  for  the  tryall  of  a  case  as  occation  may  P"^  euidence 

in  any  case  to 

require,  and  likewise  to  adminnester  an  oath  to  giue   evidence  to  the  grand  appeer  att  the 
enquest  as  occation  may  require  ;  and  alsoe,  in  case  any  stranger  shall  haue  ■piym".* 
occation  to  comence  a  suite  against  any  pson,  it  shalbee  lawfuU  for  the  said  This  is  other- 

wise  ordered. 

Leiftenant  Torrey  to  issue  out  warrants  in  his  ma'"^  name  to  bind  ouer  the 
said  psons  to  answare  the  suit  att  the  Court  att  „  by  attachment  or  sum- 
mons as  occation  may  require.^ 

*M''  Stephen  Paine  is  authorised  by  the  Court  to  make  contracts  of  mar-       [*'73.] 
riasre  in  the  towne  of  Eehoboth  as  occation  may  require,  and  likewise  to  Thisisother- 

o  J  X         ^  vnse  ordered  hy 

adminnester  an  oath  to  giue  euidence  to  the  grand  enquest  as  occation  may  the  Court. 
require,  and  likewise  to  adminnester  an  oath  to  any  witnes  for  the  tryall  of  a 
case  as  occation  may  require  ;  and  incase  any  stranger  or  forraigner  shall  haue 
occation  to  coinence  a  suite  against  any  pson,  it  shalbee  lawfuU  for  the  said 
Stephen  Paine  to  bind  ouer  the  said  pson  to  answare  the  said  suite  by  issue- 

VOL.   IV.  9 


66  PLYMOUTH    COLONY    RECOEDS. 

1  6  6  4^      ing  forth  warrants  in  his  ma*'*^'  name  to  cause  them  to  appear  att  the  Court  att 

''    "^    Plymouth  to  answare  the  said  complainant. 
p  In  reference  to  the  complaint  of  sundry  of  the  inhabitants  of  the  towne 

Gon".  of  Taunton  against  James  Walker  and  others,  for  the  restraining  of  the  ale- 
wiues  from  goeing  vp  according  to  theu'e  vsuall  manor  by  reason  of  a  sawmill 
in  thire  herring  riuer,  by  which  obstruction  of  the  said  fish  the  said  towne  hath 
and  is  in  danger  to  suffer  much  damage,  this  Court  hath  ordered,  that  betwixt 
this  date  and  the  next  season  of  the  fishes  goeing  vp,  they,  the  said  owners 
of  the  mill,  shall  make  or  cause  to  ^  made  a  free,  full,  and  sufficient  passage 
for  the  goeing  vp  of  the  said  fish,  or  otherwise,  vpon  the  further  complaint  of 
the  towne,  the  Court  ynW  take  an  effectuall  course  that  the  same  shalbee  done. 

Wiliam  Paybody,  for  makeing  a  writing  for  the  seperating  of  Wiliam 
Tubbs  from  Marcye,  his  wife,  in  reference  vnto  theire  marriage  bond,  is  fined 
by  the  Court  the  sume  of  fiue  pounds ;  and  Leiftenant  Nash  and  John 
Sprague,  for  subscribing  as  witnesses  to  the  said  writing,  are  fined  each  three 
pounds. 

Att  this  Court,  a  protest  was  openly  published,  att  the  request  of  Wiliam 
Tubbs,  against  Mercye,  his  wife,  as  disowneing  all  debts  that  shee  shall  make 
vnto  any  from  this  time  forward,  as  not  intended  to  pay  any  of  them  to  any 
pson  whatsoeuer. 

Att  this  Court,  Wiliam  Witherell,  M'^  Gyles  Gilbert,  Josepth  Gray,  and 
Samuell  Linkhorne,  were  sentanced  by  the  Court  to  pay  each  a  fine  of  twenty 
shillinges  for  an  abuse  done  to  a  saw  mill  att  Taunton  belonging  to  James 
Walker  and  others,  by  coming  in  the  night  and  breaking  downe  some  pte  of 
the  said  mill,  and  for  takeing  away  seuerall  thinges  from  the  same. 

In  reference  vnto  the  complaint  of  an  Indian  called  Josepth,  liueing  neare 
Taunton,  that  M""  Gyles  Gilbert  had  killed  one  of  his  hoggs,  the  Court,  haue- 
ing  heard  the  complaint  and  defence,  haue  some  ground  to  suspect  that  the 
said  hogg  was  killed  by  the  said  Gyles  Gilbert,  haue  therfore  ordered,  that 
incase  the  said  Gilbert  shall  and  doe  pay  vnto  the  said  Indian  twenty  shillings 
att  his  demaund,  that  then  the  said  case  shalbee  soe  issued ;  but  if  otherwise, 
vpon  the  farther  complaint  of  the  said  Indian  of  neglect  heerof,  the  said  Gil- 
bert is  responsable  to  answare  his  complaint  att  Plymouth,  and  for  that  end 
that  Thomas  Jacus,  the  servant  of  the  said  Gilbert,  bee  warned  to  appeer  the 
next  Court  to  giue  testimony  in  the  x  x 
These  fines  are  JThomas  Lucas,  for  swearing,  sentanced  to  sit  in  the  stockes  during  the 

both  remited.    p^gasure  of  the  Court,  according  to  order,  which  accordingly  was  pformed.J 

Dorcas  Presberry,  for  comitting  fornication,  fined  fiue  pounds.  Gorge 
Barlow  stands  engaged  in  her  behalfe  to  see  it  payed. 


COUKT    ORDERS.  67 

*Tlie  psons  nominated  to  take  vp  the  Excise  in  the  seuerall  Townshipes  of      1664. 
this  GoQment,  whoe  are  likewise  to  take  notice  of  what  Liquors,  &<3,  are        ^' 

8  June. 

brought  into  the  GoQment.     See  the  Orders  in  the  Booke  of  Lawes.  Pkence 

j  J  ohn  Morton,  r*74.  1 

[Wiliam  Harlow. 

Duxbur, Benjamine  Bartlett. 

[Edward  Jenkens, 

Scittua, -^ 

(^John  JJaman. 

f  James  SkifFe, 

[Thomas  Tobey. 

f  James  Walker, 

Taunton, <  .„., 

[xrancis  omitn. 

(My  Hawes, 

[Richard  Tayler. 

rHenery  Cobb, 

Barnstable, i  t>.t    i      ■  n  -r. 

[Nathaniell  Bacon. 

Marshfeild, John  Bourne. 

riieiftenant  Hunt, 

Efihoboth, {  -n-    ^         1   -r.    Ti       1 

[Kichard  BuUocke. 

r  John  Done,  Juni"", 

^^''^'^' jwiliam  Walker. 

Bridwater, John  Willis. 

Libertie  is  graunted  vnto  Robert  Finney  to  looke  out  a  pcell  of  land  for 
accomodation  about  Sepecan  or  elsewhere,  and  to  make  report  of  it  to  the 
Court,  that  soe  a  competency  may  bee  graunted  vnto  him. 

The  Court  giues  libertie  to  Josias  Cooke,  Leiftenant  Josepth  Rogers, 
Gyles  Hopkins,  Henery  Sampson,  and  Experience  Michell  to  looke  out  a  pcell 
of  land  lying  betwixt  Bridgwater  and  the  Bay  line  for  theire  accoinodation. 

The  Court  haue  graunted  vnto  John  Cooke  fifteen  acrees  of  meddow  lying 
somwhere  neare  the  bounds  of  Dartmouth ;  and  hee  hath  libertie  to  purchase 
it  of  the  Indians,  soe  as  it  be  not  meddow  alreddy  graunted  to  any  other. 

Anthony  Snow,  Ensigne  Marke  Eames,  Josepth  Warren,  Richard  Wright, 
Wiliam  Harlow,  Nathaniell  Morton,  Ephraim  Morton,  Wiliam  Paybody,  John 
Dunham,  Juni"",  John  Rogers  haue  libertie  to  looke  out  land  for  accomoda- 
tions, and  to  make  report  therof  to  the  Court,  that  soe  a  competency  may  bee 
allowed  to  them.  [*75.] 

*Att  this  Court,  sundry  of  the  towne  of  Hingham  appeered,  and  desired  ^"^  records  of 

'  •'  _  °  f -^  _  sale  of  lands, 

to  buy  a  pcell  or  tract  of  land  of  the  countrey  lying  betwixt  the  Bay  line  and  1664. 


68  PLYMOUTH    COLONY    RECOKDS. 

1664.     Accord  Pond  and  the  land  graunted  to  M'^  Hatherley  ;  and  the  Comt  declared 
^  themselues  willing  to  sell  it,  and  pitched  a  prise,  and  refered  the  agreement  to 

b  June. 

Peence       ^^^  Treasurer  in  the  countreyes  behalfe. 
^°^^-  In  reference  vnto  the  request  of  Phineas  Pratte  and  the  Elder  Bates,  in 

laved  out  after-  ^he  hchalfe  of  the  children  of  Clement  Briggs,  that  wheras  they,  the  said 
ivards,  by  order  pj^ngas  Pratt  and  Clement  Briffsrs,  haue  not  had  theire  proportions  of  land 

of  the  Court,  Ob  >        .  r     ±- 

by  John  Whit-  -vvith  Others  of  this  jurisdiction  formerly  called  purchassers  or  old  comers,  that 
John  Jacob  ^^^J  might  haue  some  consideration  of  land  in  that  respect  in  a  pcell  or  tract 
andisattthc    q£  j^j^^j  lying  nearc  vnto  the  line  betwixt  the  Massachusetts  iurisdiction  and 

path  that  leads  J      o  J 

from  Way-  ys,  neare  vnto  "Waymouth,  the  Court  doth  graunt  vnto  the  said  Phineas  Pratt 
Bridi'water,  as  ^^^  '^ii*'0  two  of  the  said  Clement  Briggs  his  sonnes,  vizj,  Dauid  Briggs  and 
It  IS  said,  a  lit-  Remember  Briggs,  three  hundred  and  fifty  acrees  of  the  said  lands,  with  all 

tie  brooke  run-  °°  '  •'  ' 

ing  through  and  singulare  the  appmtenances  thervnto  belonging,  vnto  them  and  theire 
heires  and  assignes  for  euer,  vizJ,  vnto  the  said  Phineas  Pratt  two  ptes  of  three 
of  the  said  three  hundred  and  fifty  acrees,  and  the  remainder  therof  vnto  the 
two  sonnes  of  the  said  Clement  Briggs  afornamed ;  and  this  to  bee  layed  forth 
for  them  by  John  Jacob,  of  Hingham,  and  John  Whitmarsh,  of  Waymouth ; 
and  incase  any  Indian  or  Indians  shall  heerafter  lay  claime  vnto  the  said 
lands,  that  the  said  Phineas  Prat  and  the  Elder  Bates  stand  bound  to  the  Court 
to  answare  the  charge  of  the  purchase  therof  and  all  other  nessesary  charges 
about  the  said  land. 

U  June.  An  Order  sent  downe  to  Sandwich,  as  foUoweth. 

To  M'  Freeman,  Richard  Bourne,  M'  Dexter,  James  Skiffe,  and  "Wiliam 

Bassett,  greet,  &d. 
Wheras  Nanquatnumacke  hath  complained  of  wrong  done  to  him  in  his 
corne  by  horses  of  Sandwich,  these  are  to  request  you  to  take  some  serious 
and  effectuall  course  that  the  poor  man  may  haue  his  corne  preserued  from  the 
horses,  either  by  keeping  of  them  away  or  some  other  course,  this  sommer,  or 
otherwise  wee  shalbee  in  some  straight  what  to  doe  in  the  case. 
This  is  the  Courts  desire  and  order. 

P  me,  NATHANIELL   MORTON",  Clark. 

Plymouth,  June  11%  1664. 

[*76.]  *Witnesseth  these  ^sents,  that  I,  Wiliam  Barstow,  Seni',  of  Scittuate, 

27  July.  haue  bargained,  couenanted,  and  agreed,  and  doe  by  these  f>sents  fully  and 
absolutely  bargaine,  couenant,  and  agree,  with  M'^  Constant  Southworth  and 
Major  Josias  Winslow  in  the  behalfe  of  this  coUoney  of  IST^w  Pymouth,  con- 
cerning the  repaireing  and  maintaining  of  a  certaine  bridge,  comonly  called 


COURT    ORDERS. 

Barstowes  Bridge,  standing  vpon  the  North  Riuer,  as  foUoweth,  vizj  :  that  in 
consideration  of  t\renty  pounds  sterling  of  them  in  hand  receiued,  I  shall 
forthwith  repaire  the  aforsaid  bridge,  and  shall  from  the  day  of  the  date 
heerof,  during  the  full  and  compleate  tearme  of  twenty  whole  yeares,  main- 
taine  and  keep  or  cause  to  bee  maintained  in  good  and  sufficient  repaire,  to 
serue  the  countrey  for  transportation  of  passengers,  horses,  chattle,  and  all 
such  vse  as  they  shall  ordinarily  put  it  to ;  for  the  true  pformance  wherof,  I, 
the  said  Barstow,  doe  bind  and  make  ouer  the  house  and  land  on  which  I 
now  dwell,  a  smale  tract  alreddy  disposed  vnto  my  son,  Moses  Simons,  ex- 
cepted, vnto  the  said  Major  Winslow  and  Constant  Southworth  abouesaid,  in 
the  behalfe  of  the  said  coUonie  of  New  Plymouth,  as  secuiitie  for  my  true 
and  faithfull  pformance  of  the  abouemencioned  agreement.  In  witnes  wherof 
I  haue  heervnto  sett  my  hand  and  scale  this  27"^  day  of  July,  1663. 


69 


WILLAM    BAESTOW,  and  a  seale. 


In  the  presence  of 
Sarah  Standish, 
Penelope  Winslow. 


[     Seale.     ] 


This  Court,  begun  the  8"^  of  June,  1664,  is  adjourned  vntill  the  last 
Tusday  in  September  next,  vnlesse  the  majestrates  shall  see  cause  to  summon 
a  Court  sooner. 

Concerning  two  psentments,  the  one  against  Samuell  Sabin,  of  Rehoboth, 
and  Mary  Billington,  and  the  other  against  Mary  Marriho,  of  Yarmoth,  the 
-former,  vi^^,  that  of  Eehoboth,  is  refered  to  Captaine  Willett  to  heare  and 
determine ;  the  latter,  vizj,  of  Yarmouth,  is  refered  to  M''  Hinckley  to  heare 
and  determine. 


1664. 

27  July. 
Prence, 

GOTI". 


*Jltt  the  Court  of  Assistants  held  att  Plymouth  the  2'°'"'  of  August,     ^  ^^^^^_ 

1664.  [*77.] 

Before  Thomas  Prence,  GoQ,  Thomas  Southworth, 

John  Aldin,  Wiliam  Bradford,  and 

Josias  Winslow,  Thomas  Hinckley, 

Assistants,  &<5. 

IN  reference  vnto  a  gun  attached  by  James  Cole,  Seni"^,  belonging  to  Josepth 
BiUington,  the  Court  haue  ordered,  that  the  said  gun  shalbee  returned. 


70  PLYMOUTH    COLONY    EECOKDS. 


2  August. 
Pbence, 


166  4.      forasmuch  as  It  doth  appeer  that  all  that  the  said  Billington  had  was  bound 
ouer  vnto  John  Barnes  before  the  said  attachment  was  layed  on  the  said  gun. 

Att  this  Court,  an  acquittance  was  shewen  in  the  Court,  wherby  it  ap- 
GoD«.  peered  that  the  portion  belonging  to  Sarah  Andrews,  the  daughter  of  M'  Henery 
Andrews,  of  Taunton,  deceased,  is  fully  payed  and  satisfyed;  which  said 
acquittance  was  signed  with  Jared  Talbut,  and  witnessed  by  Gorg  Macye  and 
Willam  Harvey,  whose  names  were  subscribed  therynto  with  theire  owne  hands. 

Att  this  Court,  M'  Thomas  Dexter,  Seni"",  complained  of  sundry  injuryes 
against  the  towne  of  Sandwich  about  rights  and  titles  to  meddowes,  &d,  con- 
cerning which  controversye,  by  mutuall  consent  of  both  pties,  it  was  desired 
that  the  Goil,  M''  Aldin,  M'^  Hinckley,  and  the  Treasurer  would  repaire  in 
convenient  time  to  Sandwich,  to  haue  the  hearing  and  determination  of  the 
said  controuersyes ;  and  accordingly  the  Court  haue  ordered,  that  the  time  for 
the  hearing  and  determination  therof,  as  aforsaid,  shalbee  sointime  in  October 
next,  by  the  pties  and  att  the  place  aboue  named ;  and  that  for  this  ;psent 
summer,  M"^  Dexter,  Juni"^,  and  others  of  Sandwich  as  haue  formerly  improued 
the  said  meddowes,  shall  still  improue  them. 

And  wheras  there  is  a  controversye  betwixt  the  towne  of  Barnstable  and 
the  Indians  about  bounds  of  lands,  the  GoQ  with  the  other  aboue  named  are 
appointed  by  the  Court  to  haue  a  hearing  and  determination  therof  before 
theire  returne. 

This  Court  hath  ordered,  in  reference  vnto  the  purchase  of  some  med- 
dowes, belonging  to  sundry  of  the  towne  of  Plymouth,  called  the  South 
Meddowes,  &6,  lately  purchased  by  the  GoQ,  the  major,  and  "Wiliam  Bassett, 
that  notice  shalbee  giuen  to  all  such  as  posesse  the  said  meddowes  that  they 
may  meet  together  and  appoint  some,  in  the  behalfe  of  the  rest,  to  treat  and 
compound  with  those  that  haue  bought  it  of  the  Indians,  as  aforsaid ;  which 
if  they  shall  neglect  to  doe,  that  it  bee  refered,  for  the  determination  of  the 
same,  to  the  next  session  of  the  Court,  to  bee  holden  att  Plymouth  the  last 
Tusday  in  September  next. 

This  Court,  receiueing  sufficient  intelhgence  by  late  testimony  produced 
in  Court  that  Nehemiah  Bessey,  of  Sandwich,  is  of  full  age  to  enter  vpon  the 
posession  and  enjoyment  of  such  lands  as  his  father  left  him,  haue  ordered 
and  doe  heerby  giue  libertie  vnto  the  said  Nehemiah  Bessey  forthwith  to  enter 
vpon  the  full  enjoyment  and  posession  of  his  fathers  inheritance,  according  to 
the  bequeast  of  his  deceased  father,  Anthony  Bessey,  as  appeers  by  his  last  will 
and  testament. 
[*78.]  *July  the  lift.  Anno  Dom  1664. 

The  names  of  the  jury  summoned  by  the  constable  of  Taunton  vpon  the 


5  July. 

PRENCE, 


COURT    ORDERS.  71 

occation  of  the  death  of  Leiftenant  James  Wyatt,  on  the  day  aboue  written,  1664. 
Walter  Deane,  Jonas  Austine,  Hezekiah  Hoare,  John  Cobb,  Wiliam  Har- 
vey, Peter  Pitts,  Aron  Knap,  Richard  Stacye,  James  Leanard,  Christopher 
Thresher,  Samuell  Williams,  and  John  Deane,  being  suinoned,  found,  that  on  Go^"- 
the  fift  of  July  abouemencioned,  Leiftenant  James  Wyatt  road  to  a  meddow 
of  his  to  cutt  grasse,  a  seruant  of  his,  an  Indian  boy,  following  him,  and 
when  hee  came  to  the  meddow  hee  found  his  master  dead,  as  it  is  testifyed  by 
him,  who,  returneing  to  the  towne,  reported  that  his  master  was  dead.  John 
Hall,  Thomas  Deane,  and  James  Bell  rode  to  the  meddow,  and  there  found 
that  hee  had  cutt  some  grasse,  and  was  gone  out  of  the  meddow,  and  there 
was  fallen  downe  dead ;  and  vpon  search,  the  said  jury  finds  not  any  cause 
of  any  violent  death,  butt  the  ymediatt  hand  of  the  Lord;  and  this  is  the 
agreement  of  vs  all  whoe  haue  heer  subscribed. 

WALTEE  DEANE, 
The  marke   A    of  JONAS   AUSTINE, 

HEZEKIAH  HOAKE, 

JOHN   COBB, 

yiLLAM  HARVEY, 

PETER   PITTS, 
The  mark    Q  of  ARON   KNAPP, 
The  mark  (€)   of  RICHARD    STACYE, 
The    I    marke  of  JAIMES   LEANARD, 
The  '^  marke  of  CHRISTOPHER  THRESHER, 
"  SAMUELL  WILLAMS, 

JOHN   DEANE. 


*Mt  the  2'°'^  Session  of  the  Generall  Court  begun  in  June  last,  now  27  September. 
held  the  27"'  of  September.  [*'^9-] 

THE  majestrates  and  deputies  being  assembled,  it  was  ordered  and  enacted 
as  followeth :  — 
VizJ  :  that  the  sume  of  one  hundred  pounds  should  bee  leuied  by  rate 
on  the  seuerall  townes  of  this  jurisdiction,  according  to  theii-e  proportions,  for 
the  entertainment  of  his  ma*''='  coinissioners,  the  one  halfe  therof  to  bee  payed 
in  money  vnto  the  Treasurer  att  or  before  the  one  and  twentieth  day  of  No- 
uember  next,  and  the  other  halfe  to  bee  payed  in  weat,  pease,  barly,  or  Indian 
\ 


72  PLYMOUTH   COLONY    RECORDS. 

1664.      corn,  soe  as  the  baiiy  exceed  not  in  proportion  one  third  pte  of  the  said  halfe, 
'       '    the  wheat  to  bee  payed  att  foure  shillings  and  sixpence  the  bushell,  the  barly 
p  att  four  shillings,  the  pease  att  three  shilhngs  and  sixpence,  and  the  Indian 

Gov\        att  three  shillings  the  bushell ;  the  said  graine  to  bee  deliuered  to  the  Treas- 
urer att  his  house  att  Duxburrow,  or  to  his  order,  by  the  sixteenth  day  of 
March  next,  good  and  marchantable,  and  the  charge  of  transportation  defrayed. 
The   proportions   of  the   seuerall   townes   to  the   said  rate   are   as    fol- 
loweth  :  — 

Plymouth,  to  one  hundred  pound,  is 09  :  05  :  00 

Duxburrow  (Bridgwater  being  encluded)  is  .     .     .     .  08  :  08  :  03 

Scittuate, 15  :  02  :  06 

Sandwich, 08  :  08  :  OG 

Taunton, 08  :  08  :  06 

Yarmouth, 08  :  08  :  06 

Barnstable, 09  :  05  :  00 

Marshfeild, 08  :  08  :  06 

Eehoboth, 12  :  12  :  06 

Eastham, ^ 06  :  15  :  00 

95  :  02  :  09 

Sowanis, 03  :  15  :  00 

Dartmouth, 02  :  10  :  00 


Suina  totalis, 101  :  07  :  03 

The  Court  haue  ordered  and  agreed,  that  incase  his  ma'"^'  coinissioners 
shall  see  cause  to  send  for  any  of  the  majestrates  of  our  jurisdiction  to  haue 
speech  with  them,  that  the  major  and  Captaine  Southworth,  being  deputed  by 
the  Court,  shall  bee  in  a  reddines  to  goe,  if  such  occation  shall  require. 

The  sunie  of  six  pounds  is  allowed  by  the  Court  vnto  Major  Wiaslow 
and  Captaine  Southworth,  vizj,  to  each  of  them  three  pounds,  for  and  towards 
theire  expence  of  time  and  other  troubles  and  inconveniencyes  by  them  sus- 
tained in  theire  late  journey  to  Conecticott  as  comissioners  of  our  jurisdiction. 

It  was  ordered  by  the  Court,  that  the  towne  of  Eehoboth  and  the  naigh- 
borhood  of  Sowamsett,  in  all  leuies  for  publicke  rates,  shalbee  considered  as 
one  intire  township  vntill  such  time  that  the  said  naighborhood  shalbee  in  a 
capassitie  and  desire  to  bee  a  township  of  themselues. 
[*80.]  *The  towne  of  Scittuate  is  allowed  by  the  Court  to  make  sale  of  a  cer- 

taine  pcell  of  land  belonging  to  Gorge  More. 


27  September. 
Pkence, 


COURT    ORDERS.  73 

Ten  acrees  of  meddow  is  graunted  vnto  M' Allexander  Standish,  lying      16  64. 
att  Satuckett  Eiuer,  if  it  bee  there  to  bee  had. 

This  Court  did  allow  and  approue  of  Thomas  Haward,  Juni"",  to  bee  leif- 
tenant  of  the  millitary  companie  of  Bridgwater.  G"""- 

And  of  John  Haward,  Seni',  to  bee  ensigne  of  the  said  companie. 

In  reference  vnto  the  request  of  diuers  desLreing  land  att  Namassakett  in 
the  last  purchase,  the  Court  haue  refered  the  graunting  of  the  said  lands  vnto 
the  next  sessions  of  this  Court ;  and  that  then  there  shalbee  a  finall  issue  put 
thervnto,  and  in  the  interem  a  due  observation  bee  taken  by  such  as  it  con- 
sernes  of  such  psons  vnto  whom  most  fitly  it  ought  to  bee  distributed. 

Memorand:  that  att  the  next  sessions  of  this  Court  suine  way  and 
course  bee  thought  on  for  proportioning  of  suine  charge  on  lands  lying 
dormand. 

The  majestrates  and  deputies  doe  thinke  meet,  and  accordingly  this  Court 
is  adjourned  vntill  the  2'=™*  Tusday  in  May  next,  vnlesse  by  some  nessesary 
occation  falling  out  in  the  interem,  the  GoQ  and  Assistants  shall  thinke  meet 
to  summon  the  next  meeting  of  this  Court  sooner. 

*Septem  27%  1664.  [*81.] 

M''  Stephen  Paine  is  authorised  by  the  Coui-t  to  make  contracts  of  mar-  [This  para- 
riage  ia  the  towne  of  Rehoboth,  and  likewise  to  adminnester  an  oath  to  giue  ^^^^^  ^nd  can- 
euidence  to  the  grand  enquest,  and  likewise  to  adminnester  "an  oath  to  any  <^«U«'i  ""^  t'"' 

"  -^  ""    preceding 

witnesses  for  the  tryall  of  a  case  as  occation  may  require  ;  and  incase  any  pson  page.] 
resideing  in  this  goQment  shall  haue  occation  to  coinence  a  suite  against  any 
stranger  or  forraigner,  it  shalbee  lawfuU  for  the  said  Stephen  Paine  to  issue 
out  warrants  in  his  ma''^'  name  to  bind  ouer  any  such  pson  or  psons  to  answare 
the  said  suite  att  the  Court  of  his  ma*'"  to  bee  holden  att  Plymouth  att  any 
time  by  attachment  or  summons  as  occation  shall  require,  and  hkewise  to 
graunt  subpenaes  as  occations  shall  require. 

Septem  27*^^  1664. 

Leiftenant  James  Torrey  is  authorised  by  the  Court  to  make  contractes 
of  marriage  in  the  towne  of  Scittuate,  and  likewise  to  adminnester  an  oath  to 
giue  euidence  to  the  grand  enquest,  and  likewise  to  adminnester  an  oath  to 
any  witnesses  for  the  tryall  of  a  case  as  occation  may  require ;  and  incase  any 
pson  resideing  within  this  jurisdiction  shall  haue  occation  to  coinence  a  suite 
against  any  stranger  or  forraigner,  it  shalbee  lawfuU  for  the  said  Leiftenant 
Torrey  to  issue  out  warrants  in  his  ma"*^  name  to  bind  ouer  any  pson  or  psons 
to  answare  the  said  suite  att  the  Court  of  his  ma"*  to  bee  holden  att  Plymouth 

VOL.   i\'.  10 


74 


PLYMOUTH    COLONY    KECORDS. 


1664.      att  any  time  by  attachment  or  summons  as  occation  shall  requii-e,  and  likewise 
to  graunt  subpenaes  as  occation  may  require. 


27  September. 

Prence, 

Gob". 


Septein  27^  1664. 

Josias  Cooke,  of  Eastham,  is  authorised  by  the  Court  to  make  con- 
tracts of  marriage  in  the  towne  of  Eastham,  and  likewise  to  adminnester  an 
oath  to  giue  euidence  to  the  grand  enquest,  and  Kkewise  to  adminnester  an 
oath  to  any  witnesses  for  the  tryall  of  a  case  as  occation  may  require ;  and 
incase  any  pson  or  psons  resideing  in  this  jurisdiction  shall  haue  occati,on  to 
comence  a  suite  against  any  stranger  or  forraigner,  it  shalbee  lawfuU  for  the 
said  Josias  Cooke  to  issue  out  warrants  in  his  ma"**^  name  to  bind  ouer  any 
pson  or  psons  to  answare  the  said  suite  att  the  Com-t  of  his  ma"*  to  bee  holden 
att  Plymouth  att  any  time  by  attachment  or  summons  as  occation  may  requke, 
and  likewise  to  graunt  subpenaes  as  occation  may  require. 


4  October.       *J,tt  the  Gencrall  Court  held  att  Plymouth  the  ^'^  of  October, 
\.*m  1664. 

Before  Thomas  Prence,  GoQ,  Thomas  Southworth, 

John  Aldin,  Wiliam  Bradford,  and 

Josias  Winslow,  Thomas  Hinckley, 

Assistants,  &6. 

JAMES  LOUELL,  of  Waymouth,  produceing  a  deed  of  sale  from  the 
heires  of  M''  Nathaniel  Souther  for  a  sertaine  tract  of  land  long  since 
graunted  by  this  coUonie  to  M''  Souther  abouesaid,  and  alsoe  propounding  a 
place  where  hee  desired  to  take  it  vp,  vizj,  neare  the  place  where  Phenias 
Prat  and  the  sonnes  of  Clement  Briggs  were  accoiiiiodated,  between  theire  land 
and  the  line  of  the  pattent,  this  Court,  takeing  notice  of  the  former  graunt, 
doe  accordingly  allow  vnto  the  said  James  Louell  two  hundred  acrees  of  land 
in  the  place  abouemencioned,  and  haue  appointed  Leiftenant  Torrey  and  Cor- 
nett  Studson,  if  hee  may  bee  obtained,  to  view  it  and  lay  it  out  vnto  him,  hee 
payiag  them  for  thehe  paines  ;  and  incase  Cornett  Studson  cannot,  then  "Wiliam 
Barstow  is  desired  to  doe  it ;  and  that  they  reporting  to  the  Court  on  theu-e 
returne  what  meddow  theire  may  bee,  or  swamp  land  that  may  goe  in  consid- 
eration of  meddow,  the  Court  will  graunt  him  what  is  meet  in  that  respect, 
hee  paying  the  Indian  purchase,  if  any  shalbee  justly  demaunded. 


COURT  ORDERS.  75 

This  Court  haue  likewise  graunted  vnto  John  Hanmore  and  Walter  166  4. 
"Wood-ward,  of  Scittuate,  (who  haue  a  right  as  servants,)  vnto  each  of  them 
is  graunted  sixty  acrees  of  land  neare  about  the  place  abouemencioned,  pro- 
uided  it  intrench  not  vpon  former  graunts,  and  alsoe  that  they  pay  the  Indian 
purchase  for  it  if  any  bee  justly  demaunded ;  and  haue  impowered  the  same 
psons  that  lay  out  James  Louells  to  lay  out  theires  alsoe,  they  satisfying  them 
for  theire  paines. 

By  a  suite  comenced  by  Edward  Jenkens,  of  Scittuate,  against  John 
Williams,  Juni',  conserning  the  impropriateing  of  lands  that  are  comon  to  the 
propriators  of  Conihassett,  and  alsoe  of  an  ancient  highway  that  goeth  to  the 
harbour,  by  fenceing  the  same,  both  which  seemed  to  bee  well  cleared  to  vs 
to  bee  injuriouse,  this  Court  haue  therfore  appointed  and  desired  M''  Timothy 
Hatherley,  Captaine  James  Cudworth,  Leiftenant  Torrey,  Cornett  Studson, 
and  John  Turner,  Juni"',  to  take  a  view  of  the  fence  sett  vp  by  the  said  Wil- 
liams ;  and  except  hee  shall  otherwise  satisfy,  doe  impower  the  aboue  named 
M'  Hatherly,  &d,  to  throw  vp  the  aboaemencioned  fence,  that  the  highway 
and  comon  lands  bee  not  vnjustly  impropriated. 

*M'  Josepth  Tilden  haueing  complained  to  this  Court  that  Edward  Burn-  [*83.] 
pas,  Juni"^,  is  indebted  vnto  him  in  the  suine  of  eight  pounds  and  odd  mony, 
as  will  appeer  by  bill  vnder  his  hand,  and  a  considerable  pte  of  the  debt  lyeth 
vnder  attachment  in  Goodman  Holmes  his  hand,  this  Court  doth  desire  that 
Anthony  Snow,  Leiftenant  White,  Josepth  Bedle,  and  Thomas  Doged,  whoe 
haue  bine  by  the  towne  of  Marshfeild  impowered  to  acte  for  the  said  Bumpas, 
or  some  of  them,  with  the  said  Edward,  to  treat  and  issue  with  M'  Tilden  in 
reference  to  his  debt,  that  soe  any  further  suites  may  bee  preuented ;  and  the 
men  aboue  named,  or  such  of  them  as  shall  acte  in  it,  haue  power  to  see  such 
goods  as  are  yett  vnder  attachment  released  for  payment  of  the  debt,  and  it 
shalbee  the  constables  discharge. 

Att  this  Court,  Josias  Wormall  appeered  in  Court,  and  engaged  vnto  the 
Court  for  the  sixt  pte  of  the  estate  of  Josepth  Wormall,  deceased,  which  is 
the  portion  of  Hester  Wormall ;  and  when  this  engagement  was  taken,  M'' 
Hatherley  was  cleared  of  his  bonds  for  the  adminnestration  graunted  vnto 
Mirriam  Wormall,  of  which  see  orders  of  Court,  June,  1662. 

Wheras  John  Wheston,  late  deceased,  dyed  intestate,  and  soe  the  lands 
of  the  said  Wheston  falls  by  right  of  law  vnto  Josepth  Wheston,  the  heire 
apparent  vnto  the  said  John  Wheston ;  and  that  it  doth  likewise  appeer  to  the 
Court  that  the  estate  of  the  said  John  Wheston  is  but  little,  the  lands  except- 
ed, and  that  there  are  diners  smale  children  to  bee  brought  vp  out  of  the  said 
estate,  therfore,  vpon  the  free  will  and  condecendensy  of  the  said  Josepth 


76  PLYMOUTH    COLONY    KECORDS. 

10  64.     Wheston,  hee  is  content  and  hath  by  these  ^sents  taken  the  house  and  land 
^^      '^  that  his  father  Hued  on  and  died  in,  in  the  towne  of  Scittuate,  for  his  full  and 

i  October. 

p'liENCE  iutire  portion  of  his  fathers  estate  both  of  lands  and  goods,  freely  allowing 
Go""-  that  the  profitt  and  benifitt  of  the  said  house  and  land  shall  redound  vnto  his 
mother,  Susanna  Wheston,  for  the  full  tearme  of  six  yeares  from  the  date 
heerof,  for  and  towards  the  bringing  vp  of  the  other  children  of  the  said  John 
"Wheston,  they  keeping  the  said  house  and  land  in  repaire.  Morouer,  con- 
serning  the  said  John  Wheston  his  pte  or  share  of  Conihassett  land,  bee  it 
more  or  lesse,  both  vpland  and  meddow,  hee,  the  said  Josepth  Wheston,  hath 
freely  resigned,  made  ouer,  and  allianated  the  same  from  him  and  his  heires 
vnto  the  rest  of  his  brothers  and  sisters,  the  children  of  the  said  John  Whes- 
ton, to  bee  by  them  or  in  theire  behalfe  improued  or  sold  as  occation  shall 
require ;  onely  that  incase  the  said  lands  or  any  of  them  shall  att  any  time 
bee  sold,  that  the  said  Josepth  Wheston  shall  haue  the  first  proffer  for  the 
buying  of  them. 
[*84.]  *Att  this  Coui-t,  Captaine  James  Cudworth,  Leiftenant  Torrey,  Ensigne 

Eames,  Isacke  Chettenden,  and  John  Bryant  are  appointed  and  deputed  by 
the  Court  as  a  comittee  to  settle  a  controuersy  conserning  a  pcell  or  tract  of 
land  lying  on  the  east  side  of  the  North  Riuer,  between  the  lands  of  Daniell 
Hicke  and  Robert  Sprout,  the  said  psons  to  meet  about  the  said  expedition  on 
the  first  Munday  in  the  next  month  next  after  the  date  heerof;  and  incase 
they  can  not  settle  the  said  controuersy  to  the  satisfaction  of  the  propriators, 
that  then  they  make  report  of  theire  proceeding  therin  Ynto  the  Com-t,  and 
that  Walter  Hatch  and  John  Siluester  are  to  take  course  for  the  satisfaction 
of  the  said  psons  for  theii-e  paines  about  the  same. 

Att  this  Court,  Christopher  Winter,  being  summoned,  appeered  to  make 
answare,  being  suspected  to  haue  killed  a  horse  of  Josepth  Bodies ;  the  Court, 
not  resting  satisfyed  in  his  ]p>sent  defence,  saw  cause  to  bind  him  ouer  to  fur- 
ther appeerance  att  the  Court  as  foUoweth  :  — 

Christopher  Winter  acknowlidgeth  to  owe  vnto  our  ]    " 

soQ  lord  the  King  the  sume  of 1 20:  00:  00 

These  are  come  The  condition,  that  if  the  said  Christopher  Winter  doe  appeer  att  the 

menlTnTsoe    ^°™'^  °^  ^^  ^^''^  *°  ^^6  holden  for  this  goQment  att  Plymouth  the  first  Tus- 
deciared  to  the  day  in  March  next,  to  make  further  answare  conserning  the  killing  of  a  horse 

Court  in  March      n  ^  o  o 

7.h,i664.  of   Josepth   Bodies,  and  not   depart  the   said   Court  without  lycence ;   that 

then,  &d. 

Att  this  Court,  Gyles  Eicard,  Seni-^,  for  swearing  by  the  wounds  of  God, 
was  sentanced  to  bee  comitted  to  prison,  and  there  to  bee  in  durance  the  space 
of  twenty  foure  houres. 


COURT    ORDERS. 


77 


Kuhamah  Turner,  for  comitting  fornication,  fined  05  :  00  :  00.  16  6  4. 

Willam  Maze,  of  Taunton,  for  sweareing,  sentanced  to  sit  in  the  stockes    " "i ' 

dui-eing  the  pleasure  of  the  Court,  wliich  was  accordingly  executed.  Pnmcr 

James  Bell,  of  Taunton,  for  strikeing  John  Eedey,  fined  00  :  03  :  04.  God».  ' 

Seuerall  of  the 
naighbours  of 

*The  rates  of  the  countrey,  vizj,  for  the  officers  wages,  for  the  charge  of  S'"'*™'=1'  «"- 

.  "  °  gaged  to  pay 

the  majestrates  table,  and  for  the  charge  of  the  comissioners  men  and  horses,  this  fine  in  the 

—  the  pticulares  of  each  townes  proportion  therin  is  as  foUoweth :  —  hamah  Tur- 

ner. 
Plymouth, 08  :  06  :  06  [*85.] 

Duxhurrow,        04  :  01  :  04 

Scittuate, 13  :  12  :  03 

Sandwich, 07  :  11  :  04 

Taunton, 07  :  11  :  04 

Yarmouth, 07  :  11  :  04 

Barnstable, 08  :  06  :  06 

ISIarshfeild,    .     .     .  " 07  :  11  :  04 

Eehoboth, 11  :  07  :  03 

Eastham, 06  :  01  :  06 

Bridgwater, 03  :  10  :  00 

Sowams, 03  :  07  :  06 

Dartmouth, 02  :  05  :  00 


91  :  03  :  02 

The  8"^  of  ApriU,  1664. 

These  few  lines  doe  witnes,  that  I,  John  Coggen,  doe  from  this  day  This  was 
forward  discharge  and  free  my  loueing  frinds,  James  Cudworth,  of  Scittuate,  P'^^''*<=*  *°  *^^ 
and  Isacke  Robinson,  of  Barnstable,  from  being  my  guardians,  acknowhdging  sistants  held  in 
myselfe  to  bee  fully  satisfyed ;  whervnto  I  haue  sett  my  hand.  ary,  I66i. 

JOHN   COGGEN. 
Witnes,  John  Finney. 

*A  Writing  appointed  to  bee  recorded.  [*86.] 

These  witnesseth,  and  this  bill  of  our  hand  bindeth  vs,  Thomas  Morton, 
of  the  towne  of  Plymouth,  in  the  jurisdiction  of  Plymouth,  in  New  England, 
in  America,  yeoman,  and  John  Andrews,  of  the  towne  aforsaid,  in  the  said 
jurisdiction,  planter,  wee,  our  heires,  exequitors,  adminnestrators,  and  assignes, 
joyntly  and  seuerally,  to  pay  or  cause  to  bee  payed  vnto  Nathaniel  Warren, 
of  the   towne   aforsaid,   in   the    jurisdiction   aforsaid,   yeoman,  to   him    or 


Gou". 


78  PLYMOUTH    COLONY    KECORDS. 

1664.      his  helres,  exec[ultors,  adminnestrators,  or  assignes,  the  fall  suine  of  twenty 
^  and  fiue  pounds,  to  bee  payed  in  mannor  and  forme  following,  vizj  :  the  one 

4  October. 

Pkenoe  halfe  in  corne,  English  and  Indian,  and  the  other  halfe  therof  in  tarr  j  that  is 
to  say,  the  first  payment  of  the  said  twenty  fiue  pounds,  which  is  four  pounds 
and  eleuen  shillinges,  is  to  bee  payed  in  tarr  att  or  before  the  fifteenth  day  of 
June  next  ensueing  the  date  heerof  j  and  the  second  payment,  which  is  foure 
pounds  and  eleuen  shillings,  is  to  bee  payed  in  corne  att  or  before  the  first 
day  of  December,  1665  ;  and  the  third  payment  therof,  which  is  foure  pounds 
and  eleuen  shillinges,  is  to  bee  payed  att  or  before  the  fifteenth  day  of  June, 
1666,  in  tarr ;  and  the  fourth  payment,  being  foure  pounds  and  eleuen  shil- 
linges, is  to  bee  payed  in  corn  att  or  before  the  fifteenth  day  of  June,  1667  ; 
and  the  last  payment,  which  is  forty  and  fiue  shillinges,  is  to  bee  payed  att 
or  before  the  first  day  of  December,  1667,  which  sume  of  forty  and  fiue  shil- 
linges, being  the  last  payment  of  the  abouesaid  twenty  and  fiue  pounds,  is  to 
bee  payed  in  corne :  all  which  seuerall  payments  are  to  bee  payed  in  that 
which  is  good  and  marchantable  both  of  the  corn  and  the  tarr,  and  att  pris(; 
current  as  the  prises  shalbee  att  the  times  of  the  deliuery  of  the  seuerall  pay- 
ments to  bee  deliuered,  vizJ  :  the  tarr  att  the  towne  of  Plymouth,  and  the  corne 
att  the  house  of  the  said  Nathaniel  Warren  att  the  Eelriuer,  in  the  towneship 
of  Plymouth  aforsaid.  In  witnes  of  the  true  pformance  of  the  ]p>misses,  and 
of  euery  pte  therof,  wee,  the  said  Thomas  Morton  and  John  Andrews,  haue 
heervnto  subscribed  our  hands  and  afiSxed  our  seales,  this  tenth  day  of  Octo- 
ber, anno  Dom  1664.  ^-. 

The  marke   ^   of  THOMAS    MORTON, 

and  his  seale. 
The  marke  Ql- of  JOHN   ANDREWS, 

and  his  seale. 
Signed,  sealled,  and  deliuered  in  the  g>sence  of 
Thomas  Southworth, 
Robert  Fuller, 
Nathaniel  Morton. 

The  sumes  aboue  mencioned  to  bee  payed  by  the  pties  aboue  mencioned, 
vizJ,  Thomas  Morton  and  John  Andrews,  is  to  bee  payed  for  the  remainder  of 
the  time  vnserued  out,  which  the  said  Andrews  should  haue  serued  with  the 
said  Nathaniel  Warren,  hee  haueing  alsoe,  vpon  the  sealing  heerof,  surren- 
dered vp  the  said  John  Andrewes  his  indenture  for  the  said  time  ;  these 
pticulares  were  aded  in  the  originall  agreement  in  writing  before  the  ensealing 
therof. 


COURT    ORDERS. 


79 


These  seuerall  payments  are   all  payed  by  Thomas  Morton  and  John      166  4. 
Andrew  to  Nathaniell  Warren  and  his  assignes.  "'' 

4  October. 

Testa  me,  NATH:    MORTON,  Secret.  Pbence, 

Gou"". 


*Att  the  Court  of  Assistants  held  att  Plymouth  the  seauenth  Day  o/"  1  6  6  4-5. 

February,  1664.  ^      '^      " 

^  7  February. 

P87.1 
Befoee  Thomas  Prence,  Gofl,  Thomas  Southworth,  ^ 

John  Aldin,  Wiliam  Bradford,  and 

Josias  Winslow,  Thomas  Hinckley, 

Assistants,  &S. 

IN  reference  to  a  controuersy  betwixt  Wiliam  Shirtliffe,  plaintife,  against 
Thomas  Little,  defendant,  for  vnjust  molestation  to  the  damage  of  forty 
shillings  in  forcable  carrying  away  certaine  timber  trees  by  him  felled  and 
squared,  as  hee  supposeth,  on  his  owne  land,  and  for  refusing  to  lay  out  and 
bound  the  land  according  to  order,  the  Court  hath  appointed  M'  Alden,  the 
major,  and  Josepth  Bedle  in  due  and  convenient  time  to  settle  the  bounds  of 
the  said  lands  in  controuersy  between  them  according  to  theire  best  light, 
either  from  the  records  or  otherwise  ;  and  in  reference  to  the  said  timber  trees, 
that  Thomas  Little  is  to  returne  them  to  the  place  from  whence  hee  tooke 
them  within  ten  dales  from  this  present  Court ;  and  that  the  said  Shirtliffe 
hath  libertie  to  improue  the  said  trees,  prouided  hee  bee  responsable  to  make 
good  the  vallue  of  them  incase  they  shall  proue  heerafter  to  belonge  to 
Thomas  Little. 

In  reference  to  a  complaint  of  John  Smith,  Juni',  of  Marshfeild,  against 
Stephen  Tilden,  of  Scittuate,  for  that  the  said  Tilden  neglected  to  pay  vnto 
the  said  Smith  the  suine  of  twelue  shillings  due  Ynto  him  for  the  makeing  of 
a  cart,  forasmuch  as  it  appeered  to  the  Court  that  the  said  Tilden  was  legally 
summoned,  and  did  not  appeer,  nor  any  for  him,  to  answare  the  said  com- 
plainant, the  said  Smith  owning  before  the  Court  fiue  shillinges  of  the  twelue 
receiued,  the  Court  awarded  the  said  Tilden  to  pay  vnto  the  said  Smith  seauen 
shillings  more,  in  all  twelue  shillings,  besides  twelue  sh:  charge. 

In  reference  vnto  diuers  complaints  amongst  some  of  the  naighbours  of 
Plymouth,  in  pticulare  John  Barnes  against  Thomas  Pope,  and  the  said  Pope 
against  Gyles  Rickard,  concerning  bounds  of  land  wherof  they  complained 


80  PLYMOUTH    COLONY    KEOORDS. 

16  6  4-5.    each  of  other  of  encroahment  and  treaspas  by  cuting  of  wood  and  makeing  of 
'^       '    hiewaies  ouer  the  said  Barnes  his  land,  the  Court  haue  ordered  Leiftenant 

7  February.  ,  /^  i  •    t 

Pbenob       Morton  and  Gorge  Bonum,  with  the  healp  of  some  other  for  a  third  man,  to 
Gow".        measure  and  bound  the  said  lands  in  controuersy,  the  ancient  bounds  being 
lost,  that  soe  all  controuersyes  about  the  same  might  sease  for  the  future. 

Att  this  Court,  M"^  Isacke  Robinson  was  allowed  and  approued  by  the 
Couit  to  keep  an  ordinary  att  Saconeesett  for  the  entertainment  of  strangers, 
in  regard  that  it  doth  appeer  that  there  is  great  recourse  to  and  fro  by  trauel- 
lers  to  Martins  Vinyards,  Natuckett,  &6. 

Benjamine  Bartlett  appeered  att  this  Court,  and  demaunded  some  land 
which  was  formerly  belonging  to  M""  Willam  Brewster,  lying  in  Alcarmus 
Feild ;  but  for  as  much  as  the  pticulare  place  cannot  bee  found,  it  is  refered 
to  the  next  Generall  Court  to  determine. 
[*88.]  *In  answare  vnto  the  desire  and  motion  of  Henery  Wood  and  Thomas 

Pope,  that  for  as  much  as  it  doth  appeer  by  the  last  will  and  testament  of 
Mistris  Sarah  Jenney,  deceased,  that  did  att  her  death  giue  and  bequeath  vnto 
the  eldest  daughters  of  Samuell  Jenney,  Henery  Wood,  and  Thomas  Pope  a 
mare  coult ;  and  that  Sarah,  the  eldest  daughter  of  the  said  Samuell  Jenney, 
is  deceased  before  shee  came  to  age,  that  therfore  the  surviuers  of  the  said 
daughters  might  haue  the  pte  of  the  deceased,  the  Court,  takeing  notice  of 
the  tearmes  of  the  will,  &d,  adjudged  it  the  right  of  the  survivers,  vizj,  Sarah 
Wood  and  Sussanah  Pope ;  but  forasmuch  as  Samuell  Jenney  was  not  g>sent, 
and  that  his  plea  about  it  hath  not  bine  heard,  it  was  refered  to  the  Generall 
Court  to  bee  holden  in  March  next,  att  which  time  the  said  Samuell  Jenney 
is  to  bee  ^sent,  and  to  make  his  plea,  if  hee  hath  any  thinge  to  speake  in 
the  case. 

Wheras  a  motion  was  made  to  this  Court  by  Richard  Bourne  in  the 
behalfe  of  those  Indians  vnder  his  instruction,  as  to  theire  desire  of  liueing  in 
some  orderly  way  of  goQment,  for  the  better  preventing  and  redressing  of 
thinges  amisse  amongst  them  by  meet  and  just  meanes,  this  Court  doth  ther- 
fore, in  testimony  of  theire  cormtenanceing  and  incurraging  to  such  a  worke, 
doe  approue  of  those  Indians  proposed,  viz^,  Pavpmunnucke,  Keencomsett, 
Watanamatucke,  and  Nanquidnumacke,  Kanoonus,  and  Mocrust,  to  haue  the 
cheife  inspection  and  management  therof,  with  the  healp  and  aduise  of  the 
said  Richard  Bourne,  as  the  matter  may  require ;  and  that  one  of  the  aforsaid 
Indians  bee  by  the  rest  instaled  to  acte  as  a  constable  amongst  them,  it  being 
alwaies  prouided,  notwithstanding,  that  what  homage  accostomed  legally  due 
to  any  superior  sachem  bee  not  heerby  infringed. 

This  Court   doth  order,   that   if  the   Natuckett  Indians    suspected   for 


COURT    ORDEJIS. 


81 


7  February. 

Pbencb, 

Gou" 


murther  bee  to  bee  found  within  this  goQment,  that  serch  may  bee  made  by  16  6  4-5. 
the  majestrates,  that  they  may  bee  found  out  and  secured  vntill  they  bee  sent 
to  the  goQment  of  the  INIassachusetts,  that  they  may  doe  with  them  as  the  case 
may  require ;  and  in  pticulare,  that  M"^  Hinckley  take  care  that  those  people 
about  the  southeren  ptes  or  south  sea,  where  they  were  lately  knowne  to  bee, 
may  giue  intelligence  whether  they  bee  gon  or  noe  out  of  the  goQment,  that 
it  may  bee  knowne  whether  that  the  psons  soe  much  concerned  in  it  may  bee 
enformed  therof,  that  they  may  looke  after  them  as  they  see  cause. 

Concerning  some  pticulares  which  passed  in  this  Court  in  reference  to 
M"^  Thomas  Cushman,  conserning  an  assignement  made  ouer  to  him  by  M' 
Isacke  Allerton,  see  more  in  orders  and  passages  of  the  Court,  1648. 


*J[tt  the  Generall  Court  of  his  Ma*^"  held  att  Plymouth  the  f*  of     7  March. 

March,  1664.  [*89-] 

John  Aldin,  Deputie  Goii,  Wiliam  Bradford,  and 

Thomas  Southworth,  Thomas  Hinckley, 

Assistants. 


ATT  this  Court,  libertie  was  giuen  vnto  Barnard  Lumbert,  of  Barnstable, 
_  to  adminnester  on  the  estate  of  one  Cornelious  More,  an  Irish  man, 
late  deceased,  to  pay  all  debts  owing  from  the  said  estate  soe  farr  and  by  equall 
proportions  as  the  said  estate  will  amount  vnto,  and  to  keep  a  just  account  of 
his  said  adminnestration,  and  to  bee  reddy  to  giue  in  a  true  account  therof 
when  thervnto  required  by  the  Court. 

Lres  of  adminnestration  was  graunted  by  the  Court  vnto  Joyce,  the  wife 
of  Thomas  Lumbert,  deceased,  and  vnto  Jedediah  Lumbert  and  Caleb  Lum- 
bertj  to  adminnester  on  the  estate  of  the  said  deceased  Thomas  Lumbert. 

Lres  of  adminnestration  were  likewise  graunted  vnto  Stephen  Vinall  and 
John  Vinall,  to  adminnester  on  the  estate  of  Ann  Vinall,  deceased. 

Lres  of  adminnestration  were  likewise  graunted  vnto  Timothy  White 
and  Josepth  White  to  adminnester  on  the  estate  of  Gowin  White,  deceased. 

M''  Micael  Peirse  came  before  this  Court,  and  desired  that  an  order  pased 
by  the  Court  in  reference  vnto  the  desposing  of  the  estate  of  John  Allin, 
deceased,  with  speciall  reference  vnto  the  portion  of  Josias  Leichfeild,  might 
bee  considered  by  the  Court,  and  amended  in  respect  that  some  detriment  is 

VOL.    IV.  11 


82  PLYMOUTH    COLONY    RECORDS. 

166  4-5.   likely  to  acrew  vnto  him  by  the  said  order,  it  standing  as  it  doth ;  in  ans^^  are 
'       '^        '    whervnto  the  Court  returned,  that  forasmuch  as  diuers  of  the  majestrates  were 
p  absent,  whose  help  is  very  requisett  for  the  right  regulateing  therof,  it  is 

Gou".        refered  vnto  a  more  full  Court  for  the  doeing  of  it. 

James  Louell,  of  "Waymouth,  came  before  this  Court,  and  requested  to 
haue  a  supply  of  meddow  or  swampe,  that  may  bee  hopefuU,  to  make  med- 
dow,  bordering  or  appertaineing  to  a  certaine  tract  of  land  which  hee  bought 
of  the  heires  of  M"^  Nathaniell  Souther ;  hee  was  ordered  by  the  Court  either 
to  come  or  send  to  the  Generall  Court  to  bee  holden  the  begining  of  June 
next  ensueing  the  date  heerof,  att  which  time  the  Court  wilbee  in  a  capasitie 
to  answare  his  desire  in  some  some  suitable  measure,  according  to  a  former 
order  about  it,  if  it  may  bee  had. 

Att  this  Court,  it  was  made  knowne  to  the  Court  that  Elisha  Hedge  did 
breake  bulke  of  goods  before  notice  giuen  of  what  liquors  hee  had  brought 
into  the  towne  of  Yarmouth,  and  therby  forfeited  16  gallons  of  liquor. 
[*90.]  *In  reference  vnto  a  controuersy  between  Gorg  Allin  and  Richard  Chad- 

well  about  a  highway,  the  Court  haue  ordered  and  doe  request  M''  Edmond 
Freeman,  Seni'^,  Edmond  Freeman,  Juni'',  Thomas  Tobey,  and  Benjamine 
Nye,  or  any  three  of  them,  to  settle  the  said  differece  with  the  first  convenient 
speed  they  can,  that  soe  there  may  bee  a  finall  end  of  the  said  controuersy. 

In  reference  vnto  the  desire  of  sundry,  that  the  lands  of  Wiliam  Randall, 
of  Scittuate,  may  bee  layed  out  and  orderly  bounded,  the  Court  haue  requested 
and  appointed  Captaine  James  Cudworth  and  M'  Josepth  Tilden  in  due  and 
convenient  time  to  lay  out  and  bound  the  said  lands  att  the  North  Riuer 
according  to  theire  best  descretions  and  such  euidence  as  they  can  procure,  to 
the  intent  that  thence  forth  all  suites  and  contensions  may  bee  preuented,  and 
a  finall  end  of  all  controuersyes  relateing  to  the  bounds  of  the  said  land. 

The  Court,  takeing  notice  that  sundry  Indians  haue  manifested  some 
wilhngnes  to  make  sale  of  some  land  within  the  bounds  of  Barnstable,  haue 
giuen  libertie  and  doe  depiite  and  appoint  M"^  Thomas  Hinckley,  Nathaniel 
Bacon,  and  John  Gorum,  or  any  two  of  them,  to  purchase  the  same ;  and 
whatsoeuer  land  shalbee  soe  purchased,  they  are  to  make  report  therof  to  the 
Court,  that  soe  they  may  dispose  of  it  as  they  shall  see  cause. 

In  reference  to  a  cow  and  a  steer  belonging  to  Gabriel  Fallowell  that 
were  taken  in  the  trapps  of  Harry  the  Indian  and  his  son,  called  Samuell 
Harry,  which  said  cattle  were  soe  hurt  as  the  owner  was  constreyned  to  kill 
them,  and  therby  were  greatly  damnifyed,  the  Court  haue  ordered,  that  they, 
the  said  Indians,  shall  pay  to  him,  the  said  Gabriell  Fallowell,  or  his  assignes, 
the  sume  of  foure  pounds,  vizj,  forty  shillings  the  next  Indian  haruest,  and 


7  March. 

PllENCE, 


GOUKT    ORDERS.  83 

the  remaining  forty  shillings  Indian  haruest  come  twelue  month,  in  good  and    1  664-5. 
current  pay. 

Thomas  Cushman,  for  coinitting  carnall  coppulation  with  his  now  wife 
before  marriage  but   after  contract,  is   centanced  by  the  Court  to  pay  fiue        Gou" 
pounds,  according  to  the  law ;  and  for  the  latter  pte  of  the  law,  refereing  to 
imprisonment,  is  refered  to  further  consideration. 

Thomas  Totman  appeered  att  this  Court,  to  answare  his  fsentment  for 
haueing  carnall  coppulation  with  his  now  wife  before  marriage,  and  affeirmed 
that  it  was  after  contract ;  which  being  not  cleare  to  the  Court,  hee  was  cen- 
tanced to  pay  a  fine  of  ten  pounds,  if  not  cleared  by  fiirther  testimony ;  but 
if  soe  cleared,  to  pay  but  fiue  pounds. 

Wiliam  Randall,  for  breakeing  the  Kings  peace  by  poakeing  or  strikeing 
Jeremiah  Hatch  with  a  ho  pole,  is  sentanced  to  pay  a  fine  of  three  shillings 
and  four  pence. 

Thomas  Sumers,  for  being  drunke,  fined  fiue  shillings. 

Thomas  Linkorne,  Seni"^,  for  breaking  the  Kings  peace,  fined  3'  4*- 

*Rehoboth,  the  14*  July,  1664.  [*91.J 

Wee,  whose  names  are  heervnder  subscribed,  doe  heerby  signify  to  all 
psons  whome  it  may  concerne,  that,  according  to  our  best  light  and  apprehen- 
sion, Rebeckah  Sale,  the  late  wife  of  Edward  Sale,  was  her  owne  executioner, 
vizj,  shee  hanged  her  selfe  in  her  owne  hiered  house. 

JOHN   READ,  Seni', 

PETER  HUNT, 

JOHN   PERREN,  Seni^    - 

JAMES   REDWAY, 

ROGER   ANNADOWN, 

WILtAM   SARIN, 

HENERY   SMITH, 

JOHN  FITCH, 

THOMAS   COOPER,  Juni', 

JOHN   PECKE, 

NICHOLAS   PECKE, 

SAMUELL   PECKE, 

DANIELL   SMITH. 

Rehoboth,  the  seauenth  of  August,  1664. 
Wee,  whose  names  are  subscribed  heerto,  doe  heerby  signify  to  all  psons 
■whom  it   may   conserne,  that   Elizabeth  Walker,   the    daughter    of  Phillip 


84  PLYMOUTH    COLONY    RECOKDS. 

166  4-5.    Walkei',  of  the  towne  of  Rehoboth,  was  accedentally  drowned ;  shee,  being 
'^  sent  to  scoole,  was  found  alsoe  accedentally  in  the  riuer  first  by  two  youthes ; 

7  M;u-ch. 

Prence       ^  y  makeing  knowne  the  same  to  two  wemen,  the  wife  of  Nicholas  Jyde 

'^ou".  and  the  wife  of  Eoger  Annadowne,  and  then  to  Wiliam  Sabine,  whoe  forth 
with  came  and  drew  her  out  of  the  water,  as  hee  saith.  From  the  testimony 
of  the  afor  specifyed  psons,  together  with  other  concurring  cercomstances, 
wee,  the  subscribers,  conceiue  that  the  child,  which  was  two  yeares  and  an 
halfe  old,  before  specifyed,  came  accedentally  to  her  end. 

STEPHEN   PAINE,  Seni^ 
THOMAS   COOPEE, 
JOHN   READ,  Seni', 
PETER  HUNT, 
JOHN   PERRAM, 
ROBERT   FULLER, 
ANTHONY  PERREY, 
NICHOLAS   PECKE, 
JOHN  FITCH, 
HENERY  SMITH, 
JOHN   BUTTERWORTH, 
DANIELL   SMITH. 

March  the  1,  1664.  This  jury  gaue  in  this  verdict  vpon  oath  before 
Josias  Winslow,  Assistant. 

The  seauenth  of  March,  1664. 

Ruhamah  Turner,  of  Sandwich,  for  comitting  fornication  with  John 
Ewen,  was  fined  the  sufne  of  fiue  pounds  to  the  vse  of  the  coUonie. 

[*92.]  *The  Deposition  of  Richard  Handy,  aged  about  19  Yeares. 

This  deponant  saith,  that  hee  being  att  worke  about  the  mill  dam  the 
IQ""  of  August  with  Thomas  Fish,  the  banke  being  vndermined  and  danger- 
ous, this  deponent  saith  hee  spoke  to  Thomas  Fish  and  Edward  Craggs,  saying, 
"  Lett  TS  knoke  downe  the  banke."  They  being  not  willing  to  goe,  this 
deponant  said  hee  would  goe  ;  and  then  Thomas  Fish  said,  "  I  will  saue  one," 
takeing  his  barrow  in  his  hands ;  the  banke  fell  downe  vpon  him  while  this 
deponant  was  goeing  to  knoke  downe  the  banke,  being  got  the  halfe  way  or 
theraboutes ;  and  this  deponant  saith,  that  ymediately  after  the  banke  was 
fallen  downe  ^  Thomas  Fish,  they  hastened  to  take  the  clods  from  him ; 
and  being  bruised  therby,  hee  was  gott  to  bedd  and  dyed  in  about  four  dales 


COURT    ORDERS.  8.5 

and  an  halfe  after  j  and  fmtVier  hee   saith  not.     Edward   Craggs  testifyeth    1664-5. 
the  same. 


The  Deposition  of  Richai-d  Church,  aged  about  56  Yeares. 

This  deponant  saith,  that  hee,  being  att  worke  about  the  mill  the  19"* 
of  August,  hearing  of  a  cry  that  the  man  was  killed,  hasted  p>sently  and 
healped  to  remoue  the  earth  from  Thomas  Fish,  whoe,  being  much  bruised 
therby,  was  gott  to  bedd,  and  in  four  dayes  and  an  halfe  dyed ;  and  farther 
saith  not. 

The  Testimony  of  Nathaniel  Fish,  aged  about  forty-six  Yeares. 

This  deponant  saith,  that  hee  was  not  willing  his  son  should  goe  to  worke 
about  the  dam  that  day  that  hee  was  hurt ;  and  further  this  deponant  saith, 
that  hee  heard  his  son  say,  not  long  before  hee  dyed,  that  Thomas  Dexter  said 
to  Thomas  Fish,  "  It  is  to  late  to  goe  to  worke  to  day  to  Goodman  Burgis." 

The  Names  of  the  Psons  warned  by  the  Constable  of  Sandwich  to  view  the 
Corpes  of  Thomas  Fish,  the  Son  of  Nathaniel  Fish,  deceased,  this  25  of 
August,  in  the  Yeare  1664. 

Thomas  Tupper,  Seni',  Francis  Alhn, 

Richard  Bourne,  Lodowicke  Haukes, 

Wiliam  Bassett,  Obadiah  Eedey, 

Benjamine  Nye,  John  GifFord, 

Eichard  Smith,  John  Gibbs, 

Thomas  Tupper,  Juni',  Robert  RoUocke. 

These  twelue  men  before  expressed,  takeing  into  serious  consideration 
according  to  the  best  euidence,  doe  find  the  instrumentall  of  the  death  of 
Thomas  Fish  to  bee,  the  vnderminding  and  falling  of  the  bankes  vpon  him, 
the  wheelbarrow  being  between  him  and  the  ground,  and  soe  bruiseing  of  his 
body  that  hee  dyed  about  four  dayes  and  an  halfe  after  that  hee  was  thuse 
bruised. 

*The  Propositions  made  by  his  Ma*'"'  Comissioners  to  the  General  Court  of 
his  Ma""  held  att  Plymouth  for  the  Jurisdiction  of  New  Plymouth  the 
ggcond  of  February,  Anno  Dom  1664. 

1.  That  all  houshoulders  inhabiteing  in  the  coUonie  take  the  oath  of 
allegience,  and  that  the  adminnestration  of  justice  bee  in  his  ma""^  name. 

2.  That  all  men  of  competent  estates  and  ciuell  conversation,  though  of 


7  March. 

Peence, 

Gou''. 


[*93.] 


7  March. 
Prenoe, 


86  PLYMOUTH    COLONY    KECORDS. 

166  4-5.    different  judgments,  may  bee  admited  to  bee  freemen,  and  haue  libertie  to 
choose  and  bee  chosen  officers  both  ciuell  and  milletary. 

3.  That  all  men  and  weomen  of  orthadox  opinions,  competent  knowl- 
Gou".        idge,  and  ciuell  Hues,  not  scandalous,  may  bee  admitted  to  the  sacrament  of 

the  Lords  supper,  and  theire  children  to  baptisme,  if  they  desire  it,  either  by 
admiting  them  into  the  congregations  alreddy  gathered,  or  pmitting  them  to 
gather  themselues  into  such  congregations  where  they  may  enjoy  the  benifit 
of  the  sacraments,  and  that  difference  in  opinion  may  not  breake  the  bonds  of 
peace  and  charitie. 

4.  That  all  lawes  and  expressions  in  lawes  derogatory  to  his  ma''%  if 
any  such  haue  bine  made  in  these  late  troublesome  times,  may  bee  repealled, 
altered,  and  taken  of  from  the  file. 

The  Answare  of  the  Generall  Court  held  att  Plymouth  for  the  Jurisdiction  of 
New  Plymouth  the  2™°*  of  May,  Anno  Dom  1665,  to  the  aboue  written 
Propositions,  as  followeth. 

To  the  first  wee  consent,  it  haueing  bine  the  practice  of  this  Court  in  the 
first  place  to  ensert  in  the  oath  of  fidelitie  required  of  euery  housholder  to  bee 
truely  loyall  to  our  soQ  lord  the  Kinge,  his  heires  and  successors ;  alsoe,  to 
adminnester  all  actes  of  justice  in  his  ma''*^'  name. 

To  the  second  wee  alsoe  consent,  it  haueing  bine  our  constant  practice 
to  admitt  men  of  competent  estates  and  ciuell  conversation,  though  of  different 
judgments,  yett  being  otherwise  orthodox,  to  bee  freemen,  and  to  haue  libertie 
to  chose  and  bee  chosen  officers  both  ciuell  and  milletary. 

To  the  third,  wee  can  not  but  acknowlidge  it  to  bee  an  high  fauor  from 
God  and  from  our  soQ  that  wee  may  enjoy  our  consiences  in  point  of  Gods 
worship,  the  maine  end  of  transplanting  ourselues  into  these  remote  corners 
of  the  earth,  and  should  most  hartily  rejoyce  that  all  oui'  naighboui's,  soe  qual- 
lifyed  as  in  the  proposition,  would  adjoyne  themselues  to  our  societie  according 
to  the  order  of  the  gospell  for  enjoyment  of  the  sacraments  to  them  and 
theires  ;  but  if,  through  different  pswasions  respecting  church  goQment,  it 
cannot  bee  obtained,  wee  would  not  deney  a  libertie  vnto  any,  according  to 
the  proposition,  that  are  truely  consiencious,  although  differing  from  vs,  espe- 
cially where  his  raa*'^  comaunds  it,  they  maintaining  an  able  preaching  min- 
nester  for  the  carrying  on  of  pubhcke  Sabbath  worship,  which  wee  doubt  not 
is  his  ma*''''  intent,  and  withdraw  not  from  paying  theire  due  proportions  of 
maintainance  to  such  minnesters  as  are  orderly  settled  in  the  places  where 
they  Hue  Tntill  they  haue  one  of  theii-e  owne,  and  in  such  places  as  are  capa- 
ble of  maintaining  the  worship  of  God  in  two  distinct  congregations  ;  and  wee 


Befoke  Thomas  Prence,  Gou',  Thomas  Southworth, 

John  Alden,  Wiliam  Bradford,  and 

Josias  Winslow,  Thomas  Hinckley, 

Assistants,  &6. 

»  m  THEE  AS  Wiliam  Newland  standeth  bound  vnto  this  Court  in  the  suine 

T  T       of  three  hundred  pounds  sterling  faithfully  to  pay  and  make  good 

vnto  the  children  of  Josepth  HoUey,  deceased,  the  suine  of  six  score  pounds 

sterling,  the  Court,  takeing  notice  and  being  sertifyed  by  seuerall  writings 


May. 
Phenoe, 


COURT  ORDERS.  87 

being  greatly  incurraged  by  his  ma"'==  gracious  expressions  in  his  letter  to  vs,      1665. 
and  youer  honors  further  assui-ajice  of  his  royall  pui-pose  to  continew  our  lib- 
erties, that  where  places  by  reason  of  our  pausette  and  pouertie  are  vncapable 
*of  two,  it  is  not   intended  that  such  congregations  as  are  alreddy  in  being        Gotf 
should  bee  rooted  out,  but  theire  liberties  preserued,  there  being  other  places       [  ^^0 
to  accomodate  men  of  diiferent  pswasions  in  societies  by  themselues,  which  by 
our  knowne  experience  tends  most  to  the  ^seruation  of  peace  and  charitie. 

To  the  fourth,  wee  consent  that  all  lawes  and  expressions  in  lawes  dereg- 
atory  to  his  ma''^,  if  any  such  shalbee  found  amongst  vs,  (which  att  ^sent 
wee  are  not  consioiis  of,)  shalbee  repealled,  altered,  and  taken  of  from  the  file. 

By  order  of  the  Generall  Court  for  the  jurisdiction  of  New  Plymouth, 
p  me,  NATH:    MORTON,  Secr'^. 

Plymouth,  May  the  2"™'',  1665. 

An  Acknowlidgment  ordered  to  bee  entered. 

To  the  honored  Court  ^sented.  3  May. 

Forasmuch  as  the  Court  judges  that  I  haue  broken  order,  I  ame  sorry  I 
haue  giuen  them  offence ;  and  if  I  had  knowne  that  the  order  would  haue 
bine  soe  vnderstod,  I  should  not  haue  done  it ;  and  wherin  I  haue  giuen  the 
Court  offence,  I  humbly  craue  theire  fauorable  judgment  therin,  and  that  the 
Court  would  bee  pleased  to  pase  by  my  weaknes  and  remite  my  offence. 

WILtAM  NICAESON. 

The  third  of  May,  1665. 


*Att  the  Court  of  Assistants  held  att  Plymouth  for  the  Jurisdiction     166  5 
of  JYew  Plymouth,  1665. 


May. 

[*95.] 


88 


PLYMOUTH    COLONY    EECOEDS. 


1665. 

May. 

Peenoe, 
Gou". 


Keleased. 


vnder  the  hands  of  the  said  children  and  otherwise  that  they,  the  said  chil- 
dren of  the  said  Josepth  HoUey,  Seni',  deceased,  vizj,  Josepth  HoUey,  Juni'', 
Mary,  the  wife  of  Nathaniell  Fitsrandall,  Sarah,  the  wife  of  Josepth  Allin, 
Experience  Holley,  and  Hopestill,  the  wife  of  Samuell  Worden,  haue  receiued 
theire  seuerall  ptes  and  portions  of  the  said  sume,  vizj,  euery  of  them  twenty 
foure  pounds,  doe  therfore  fully  and  absolutely  discharge  the  said  Wiliam 
Newland,  hee,  his  heires,  exequitors,  and  adminnestrators,  from  the  abouesaid 
bond  and  obligation,  haueing  fully  paied  the  said  suine  vnto  the  said  children 
aboue  expressed. 

Wheras  Eobert  Eansome  hath  fenced  in  a  peece  of  land  att  Lakenham 
that  is  comon,  that  hath  occationed  much  trouble,  the  Court  haue  ordered, 
that  the  said  fence  bee  throwne  downe,  and  the  land  to  lye  open,  and  not  to 
bee  fenced  by  the  said  Ransome  vntill  hee  can  proue  his  title ;  and  the  Court 
haue  ordered  the  naighborhood  of  Lakenham  to  see  the  same  pformed  by  the 
sixt  of  this  instant  May. 

James  Cole,  Juni',  for  breaking  the  Kinges  peace  in  strickeing  of  Robert 
Ransome,  is  fined  00  :  03  :  04.  And  wheras  hee  spake  vnaduisedly  in  saying, 
"  Kill  the  rogue,"  meaning  the  said  Robert  Ransom,  hee  takeing  notice  of 
his  great  ouersight  in  soe  speaking,  and  it  being  spoken  when  hee  was  in  a 
great  pasion,  seeing  his  brother  much  abused  by  the  said  Ransom,  and  that 
hee,  the  said  Cole,  hath  bine  obserued  otherwise  to  haue  bine  of  a  peacable 
disposition,  the  Court  saw  cause  with  admonition  to  remitt  the  fault. 

Ephraim  Tilson,  for  breaking  the  Kinges  peace  in  strickeing  Robert  Ran- 
some, is  fined  00  :  03  :  04. 

Att  this  Court  Gorge  Barlow  appeered,  being  summoned  to  answare  for 
attempting  the  chastity  of  Abigaill,  the  wife  of  Jonathan  Pratt,  by  aluring 
words  and  actes  of  force,  being  to  the  aifrighting  and  much  wronging  of  the 
said  Abigaill  in  the  house  shee  dwells  in,  being  then  alone  ;  the  said  Barlow 
bee  ^  examined,  deneyed  the  said  acusation  in  all  the  ptes  of  it ;  notwith- 
standing, the  Court  saw  cause  to  require  bonds  of  him  for  his  good  behauior 
vntill  the  Generall  Court  to  bee  holden  att  Plymouth  the  first  Tusday  in  June 
next  after  the  date  heerof  as  followeth  :  — 

Gorg  Barlow  acknowlidseth  to  owe  vnto  our  soQ  lord  1 

^,     „.        ^,         _     °  }■  20: 00: 00 

the  Kmge  the  sume  oi •     •  J 

Thomas  Sauory  the  sume  of 10  :  00  :  00 

The   condition,  that  if  the    said  Gorge   Barlow  bee   of  good  behauior 

towards  our  soli  lord  the  Kinge  and  all  his  leich  people,  and  appeer  att  the 

General  Comt  of  his  said  ma'''=  to  bee  holden  att  Plymouth  the  first  Tusday  in 

June  next,  and  not  depart  the  said  Couit  without  lycence  ;  that  then,  &d. 


May. 
Pbence, 


COURT    ORDERS.  89 

Att  this  Coui-t,  Ralph  Smith,  of  Eastham,  was  fined,  for  telling  of  a  lye,      1  G  6  5. 
00  :  10  :  00. 

In  reference  vnto  the  complaint  of  John  Barnes  against  Thomas  Pope, 
for  treaspasing  vpon  his  land  in  carting  ouer  it,  and  the  complaint  of  the  said  '^ou" 
Pope  against  the  said  Barnes  for  violently  oposing  the  children  of  the  said 
Pope  in  the  cart  ivay  when  they  were  about  theire  honest  labour-,  and  for 
beating  the  horse  of  the  said  Pope,  and  in  strikeing  of  the  horse  struck  his 
boy,  the  Court  ordered,  that  forasmuch  as  these  controversyes  arose  rather  out 
of  prejudice  then  out  of  any  reall  cause,  that  they  should  addresse  themselues 
to  the  healp  of  naighbours  for  the  settleing  of  those  matters,  and  that  the  said 
Pope  should  goe  noe  more  through  Barnes  his  land. 


*Att  the  Generall  Court  holden  att  Plymouth  the  9"'  of  June,  1665.      9  June. 

[*96.] 

WHERAS  there  was  an  agreement  made  between  the  Court  and  Leften- 
ant  James  Torrey  and  Cornett  Robert  Studson,  as  gaiu'dians  vnto 
Josias  Leichfeild  and  Anna,  somtimes  the  wife  of  John  Allen,  bearing  date 
June,  1663,  and  stands  vpon  record  pticularly  to  bee  seen,  wee  doe  heerby 
declare  and  testify,  that  the  said  agreement  wee  did  and  doe  clearly  vnder- 
stand  was  for  a  full  and  finaU  issue  and  settlement  of  what  ptained  vnto  the 
said  Leichfeild  from  Goodman  Aliens  estate. 

THO:   PRINCE,  GoQ. 
JQN   ALDEN, 

JOS:  wmsLow, 

THO:   SOUTHWORTH, 
THO:   HINCKLEY, 
WILL  BRADFORD. 

Nouember  the  5'^  1663. 

Receiued  by  vs,  Cornett  Robert  Stetson  and  James  Torrey,  of  Scittuate, 
of  Micaell  Peirse,  of  Hingham,  the  full  ajid  just  sume  of  twenty  pounds,  for 
the  vse  of  Josias  Leichfeild,  of  Scittuate  aforsaid ;  which  twenty  pounds  the 
said  Micaell  Peirse  was  appointed  to  pay  vnto  vs  for  the  vse  of  Josias  Leich- 
feild aforsaid  by  the  Coui-t  holden  att  N.  Plymouth  in  New  England  in  the 
month  of  June  last  past.  In  witnes  wee  haue  heervnto  sett  our  hands  the  day 
and  yeare  first  aboue  written.  . 

The  marke  /Wj  of  Cornett  ROBERT   STETSON, 

JAMES   TORREY. 

VOL.    IV.  12 


90 


PLYMOUTH    COLONY    RECORDS. 


1665.     *M   the  Generall  Court  of  Election  holden   att  Plymouth,  for  the 
Jurisdiction  of  JVew  Plymouth,  the  seauenth  Day  of  June,  1665. 


7  June. 

PHEIfCE, 

Gon". 

[*97.] 


Before  Thomas  Pxence,  Gou'',  Josias  Winslow, 

"Willam  CoUyare,  Thomas  Southworth, 

John  Aldeii,  Wiliam  Bradford, 

Assistants,  &6. 


M 


K  THOMAS   PEENCE  was  chosen  GoQ,  and  sworne. 


•  wef  chosen  Assistants,  and  sworne. 


M'  Wiliam  CoUyare, 

M"^  John  Alden, 

Major  Josias  Winslow, 

Capt  Thomas  Southworth, 

Cap?  Wiliam  Bradford,  and 

M"^  Thomas  Hinckley, 
Likewise,  M"^  James  Browne  was  chosen  Assistant,  but  not  sworne. 
Major  Josia,s  Winslow  and  Captains  Thomas  Southworth  were  chosen 
Coinissioners,  and  M'  Prence  next  in  nomination. 

M""  Constant  Southworth  was  chosen  Treasurer,  and  sworne. 


The  names  of  the  deputies  of  this  yeare  chosen  to  serue  att  this  Court 
and  the  seueral  adjournments  therof  are  as  foUoweth  :  — 


Ephraim  Morton, 
Nathaniel  Warren, 
M"^  Constant  Southworth, 
+Leiftenant  Josias  Standish, 
Leif:  James  Torrey,  deceased, 
Isacke  Bucke, 
Isacke  Chettenden, 
Richard  Boui-ne, 
James  SkifFe, 
Richard  Williams, 
Wiliam  Harvey, 
M''  Anthony  Thacher, 


M'  Edmond  Howes, 
Nathaniel  Bacon, 
John  Chipman, 
Anthony  Snow, 
Ensigne  Marke  Earaes, 
M'  Stephen  Paine,+ 
Leiftenant  Peter  Hunt,+ 
Leiftenant  John  Freeman, 
Richard  Higgens, 
Wili  Britt,+ 
John  Russell. 


COURT    ORDERS. 


91 


The  Constables  of  the  seuerall  Townes. 

Plyfii. M'^  Wiliam  Crow,  for  Plymouth. 

T-j  (M"  Samuell  Saberry, 

\  "Walter  Briggs. 

Scittu, Gorg  Russell. 

Sand-wl, Eichard  Chadwell. 

Taunton, Josepth  "Wilbore. 

Yarm, Josepth  Howes. 

Barns?,  ~ Thomas  Laythorpe. 

■^     ,  .  _  fNathaniell  Thomas, 

[Josepth  Siluester. 

Eehobo, Anthony  Perrey, 

Eastham, Josepth  Harding. 

Bridgw, Nathaniell  Willis. 

Dartmouth, Daniell  Wilcockes. 


1665. 


7  June. 

Pbence, 

Gou". 


sworne,  ■ 


John  Morton, 
M'  Josepth  Tilden, 
Edward  Jenkens, 
Phillep  Delano, 
John  Bourne, 
John  Smalley, 
Trustrum  Hull, 
Robert  Denis, 
John  Dingley, 
John  Joyce, 
Hezekiah  Hore,  absent, 
Josepth  Warren, 


The  Grand  Enquest. 

Samuell  Hickes, 


sworne,  < 


John  Pecke, 

John  Woodcocke, 

Leift  Tho  Haward, 

Samuell  Smith, 

Stephen  Skiffe, 

John  Washbourne,  Juni', 

James  Alhn, 

John  Smith,  of  Barnstable, 

for  ^sent  respetted, 
John  Howland. 


[*98.] 


It  was  order,  agreed,  and  voated  by  the  Generall  Court  now  assembled, 
that  the  sume  of  one  hundred  and  fifty  pounds  bee  leuied  by  rate  vpon  the 
seuerall  townes  of  this  jurisdiction,  accordinge  to  theire  proportions,  for  and 
towards  the  carrying  on  the  publicke  afFaiers  of  the  collonie  for  this  ^sent 
yeare,  the  charge  of  the  majestrates  table  being  encluded  in  the  said  suine, 
and  the  oiEcers  wages  excepted ;  of  which  said  suine  of  one  hundred  and  fifty 
pounds,  forty  therof  to  bee  payed  in  money  to  bee  leuied  by  rate  forth  with, 
and  the  warrants  to  goe  out  for  the  same  with  all  convenient  speed,  soe  as  the 
-said  sume  of  forty  pounds  is  to  bee  payed  to  the  Treasurer  by  the  last  day  of 


92  PLYMOUTH    COLONY    KECORDS. 

1G65.     July  next;  and  the  hundred  and  ten  pounds  remaining  to  bee  payed,  one 
'       ^    "^    third  pte  therof  in  wheat,  and  the  other  two  thirds  in  either  wheat,  pease, 
barly,  or  Indian  corne. 
Gou".  Vpon  consideration  of  diuers  pticulars  proposed  and  largly  agitated  by 

the  freemen  of  this  jurisdiction  assembled,  concerning  the  proposition  made  by 
his  ma""^  coiiiissioners  in  reference  vnto  the  manor  of  choise  of  the  goflnors 
of  this  juiisdiction,  and  in  reference  vnto  an  adresse  to  bee  made  to  his  ma'" 
for  the  renewall  of  our  pattent,  the  Court  haue  ordered  and  voated,  that  the 
said  pticulares  bee  refered  to  futiu'e  consideration. 

Likewise,  as  conserning  sending  a  pson  for  England  as  agen-t  in  behalfe 
of  the  countrey,  to  soUicit  his  ma''*  for  the  establishment  of  the  bounds  of  our 
jurisdiction  accordingly  as  they  were  lately  sett  by  his  ma"*'  comissioners,  it 
was  concluded  by  the  Court,  that  the  said  coinissioners  bee  solicited  to  improue 
theire  best  entefst  in  our  behalfe  to  the  vtmost  for  the  obtaining  therof;  and 
soe  to  comitt  the  case  to  God  and  vnto  his  ma*'*  for  the  succes,  in  regard  of 
our  g>sent  incapasitie  otherwise  to  send. 

In  reference  vnto  the  question  concerning  the  continuance  of  the  confeda- 
ration  of  the  Vnited  CoUonies,  the  Court  haue  ordered,  that  a  loueing,  ciu'teous 
letter  bee  directed  to  the  goflment  of  the  Massachusetts  coUonie,  therin  declar- 
ing that  wee  see  not  light  to  psist  on  therin,  and  that  yett  notwithstanding, 
that  if  vpon  further  enformation  and  consideration  of  any  returne  from  them 
or  otherwise,  wee  shall  see  cause  to  send  to  another  meeting  in  reference  vnto 
a  more  ciuell  and  orderly  breakeing  of  that,  wee  soe  doe. 
r*99.]  *Iu.  reference  vnto  the  complaint  of  John  Hathewey,  of  Taunton,  against 

two  Indians,  the  one  named  Tobey  and  the  other  Phillip,  for  stealing  some 
swine  from  him,  the  said  charge  appeering  to  the  Court  to  bee  true,  the  Court 
haue  ordered,  that  speedily  they  shall  satisfy  vnto  the  said  Hathewey  a  swine 
as  good  as  his  other  swine  hee  hath  att  home,  that  were  fellowes  to  the  swine 
soe  stollen ;  and  likewise,  that  for  asmuch  as  the  said  Hathewey  is  not  prouided 
att  jpisent  with  euedences  conserning  other  swine  in  probabillitie  stollen  by 
them,  that  they,  the  said  Indians,  put  in  cecuritie  to  appeer  att  the  next  Gen- 
eral!. Court  of  his  ma"*  to  bee  holden  att  Plymouth  the  first  Tusday  in  October 
next,  to  answare  his  further  complaint  on  that  behalfe. 

Phillip  acknowKdgeth  to  owe  vnto  our  soQ  lord  the  "I 

„.        ^,         _%  20:00:00 

Ji-inge  the  sume  oi  . J 

Tobey  the  suine  of 20  :  00  :  GO 

Daniell,  allies  Paquaho,  the  sume  of 10  :  00  :  00 

Napames  the  suine  of 10  :  00  :  00 

The  condition,  that  if  the  said  Phillip  and  Tobey  doe  appeer  att  the 


COURT    ORDERS.  93 

Generall  Court  of  his  ma"'=  to   bee  holden  att  Plymouth  the  first  Tusday  in      16  65. 
August  next,  to  answare  the  farther  complaint  of  John  Hathewey,  of  Taunton,    '        '     "' 
against  them  for  stealing  of  his  swine,  and  not  depart  the  said  Court  without      p 
licence  ;  that  then,  &6.  Gou«. 

Ensigne  Macey  is  approued  by  the  Couit  to  bee  leiftenant  of  the  mille- 
tary  companie  of  Taunton,  and  Thomas  Leanard  for  ensigne. 

The  remainder  of  the  time  that  Moses  Crocker  is  yett  to  serue  from  the 
date  heerof,  the  Court  alowes  that  hee  shall  serue  it  out  with  Thomas  Hiland, 
Juni"',  of  Scittuate,  prouided  that  the  said  Hiland  shall  not  dispose  of  him  to 
any  other  without  the  Courts  consent. 

Vpon  the  earnest  request  of  Phillip,  the  Indian  sachem  of  Pocanacutt, 
for  to  haue  libertie  to  buy  a  horse  within  our  jurisdiction,  the  Court  haue 
bestowed  a  horse  on  him,  as  judging  it  meeter  then  to  giue  him  libertie  to  buy 
one ;  the  horse  is  that  which  ^  prouided  for  the  trumpeter  belonging  to  the 
troop  of  horse  which  is  spared  from  the  said  service  on  condition  that  another 
bee  prouided  to  bee  in  his  rome. 

In  reference  vnto  diuers  complaints  made  conserning  John  WilHams, 
Juni',  his  disorderly  liueing  with  his  wife,  and  his  abusiue  and  harsh  carriages 
towards  her  both  in  words  and  actions,  in  speciall  his  sequestration  of  himselfe 
from  the  marriage  bed,  and  his  accusation  of  her  to  bee  a  whore,  and  that 
especially  in  reference  vnto  a  child  lately  borne  of  his  said  wife  by  him  denied 
to  bee  legittimate,  the  Court  saw  cause  to  require  bonds  for  the  appeerance 
of  the  said  Williams  att  this  psent  Court,  and  likewise  sent  for  his  wife  to 
this  Court ;  and  after  the  hearing  of  seuerall  thinges  to  and  frow  betwixt  them, 
the  said  Williams  being  not  able  to  make  out  his  charge  against  her,  they  were 
both  admonished  to  apply  themselues  to  such  waies  as  might  make  for  the 
recouering  of  peace  and  loiie  betwixt  them ;  and  for  that  end  the  Court  re- 
quested Isacke  Bucke  to  bee  officious  therin,  and  soe  dismised  them  from  the 
Court  for  that  time. 

Notwithstanding  the  law  prohibiting  the  selling  of  horses  to  Indians,  the 
Court  aloweth  Keencomsett,  an  Indian  att  Barnstable,  to  buy  a  horse  to  bee 
for  his  vse  in  husbandry,  to  bee  done  by  the  aduise  and  direction  of  M""  Hinck- 
ley, M''  Gorum,  and  Nathaniell  Bacon. 

It  is  enacted  by  the   Court,  that  the  naighborhood  of  Sowamsett  bee  Saidnaigh- 
accounted  to  bee  within  the  township  of  Eely)both  and  within  that  constable-  ^^^  °°^^^ 
ricke,  and  the  constable  to  pforme  his  ofiice  within  the  said  naighborhood  for    x  pound  rate 

_  X    shillinga 

the  gathering  of  rates,  &fi,  as  in  any  other  pte  of  his  liberties.  ^  yeare. 


94 


PLYMOUTH    COLONY    EECORDS. 


1665. 

7  June. 

Pbence, 

Gou'^. 

[*100.J 

These  lands 
were  graunted 
to  the  p'sons 
heer  named 
mth  all  and 
singulare  the 
appurtenances 
belonging  ther- 
vnto,  to  them 
and  theire 
heires  and  as- 
signs for  euer. 


*The  Names  of  those  that  haue  Lands  graunted  vnto  them  by  the  Court,  vizj, 
the  Land  which  is  purchased  on  the  westerly  Side  of  Namasskett  Eiuer, 
which  is  to  bee  ecjually  deuided  amongst  them,  and  being  soe  deuided,  is 
conceiued  it  will  amount  vnto  thii-ty  Acrees  a  Share  of  good  Land,  as  alsoe 
Comoning  adjoyning  thervnto  proportionable. 

Imp'mes,  to  the  towne  of  Plymouth  for  e  minnester,  one  share. 

To  Namasskett,  for  a  minnester, one  share. 

To  the  Elder  Cushman  for  his  children,  ....  one  share. 

To  Henery  Sampson  for  his  children,       ....  one  share. 

To  Experience  Michell  for  his  children,  ....  one  share. 
To  Edward  Gray  ten  acrees,  to  lye  in  a  square. 

To  Gabriell  Fallowell, one  share. 

To  Captaine  Bradford, one  share. 

To  James  Cole,  Seni'^, one  share. 

To  Gyles  Rickard,  Seni', one  share. 

To  M'^  Josepth  Bradford, one  share. 

To  Anthony  Snow, one  share. 

To  Nathaniell  Morton, one  share. 

To  John  Morton, one  share. 

To  Ephi-aim  Morton, one  share. 

To  Edward  Dotey, one  share. 

To  Gorge  Bonum, one  share. 

To  "Wiliam  Harlow, one  share. 

To  John  Wood, one  share. 

To  Henery  Wood, one  share. 

To  John  Dunham,  Juni"^, one  share. 

To  Samuell  Dunham, one  share. 

To  Josepth  Warren, one  share. 

To  John  Jourdaine, one  share. 

In  all  24  shares. 


It  was  ordered  by  the  Court,  that  the  charge  of  the  pmxhase  of  the  said 
land  shalbee  equally  bourne  by  all  those  which  haue  lands  there,  euery  one  a 
like  proportion;  and  that  none  shall  posesse  aboue  two  shares  of  that  land 
either  of  the  ptenors  or  any 'other;  and  that  if  any  one  shalbee  found  to 
posesse  aboue  two  shares  therof,  it  shalbee  forfeit  to  the  countrey. 


COURT    ORDERS.  95 

The  Names  of  such  as  are  graunted  Land  in  that  Tract  of  Land  comonly      16  65. 
called  the  Majors  Purchase,  whoe  are  to  haue  thirty  Acrees  appeece  out    ^     '^    ~' 
of  the  best  of  it,  and  Comoning  proportionable.  v   ^  -  . 

Wiliam  Clarke,  of  Duxburrow, one  share.  „,       ,    ' 

'  These  lands 

Jonathan  Dunham, one  share.  graunted  mth 

-rj       .        .        T-,  all  and  singu- 

Benjamme  Eaton, one  share.  i„e  the  appur- 

Josepth  Dunham, one  share.  tenances  be- 

longing ther- 
Thomas  Sauory  for  his  childi-en, one  share.  vnto,  to  them 

and  thcire 
heires  and  as- 

It  was  ordered  likewise  by  the  Court,  that  wheras  the  lott  of  M"^  Howland  signes  for  euer. 
and  the  lott  of  Wiliam  Nelson,  with  two   others,  which  are  judged  very 
meane,  that  they  bee  alowed  twelue  acrees  apeece  att  the  heads  of  theire  said 
lotts. 

The  Court  haue  graunted  vnto  Zacary  Eedey  a  smale  gussett  of  land  lying 
betwixt  his  land  and  the  brooke,  from  his  house  below  the  path  to  Namass- 
kett  vnto  the  aforsaid  brooke,  vnto  a  bridg  or  way  neare  vnto  a  path  that 
turnes  out  of  the  old  way  vnto  Wiliam  Nelsons  house ;  the  said  pcell  of  land, 
soe  bounded  as  aforsaid,  is  graunted  vnto  the  said  Zacary  Eedey,  to  him  and 
his  heires  for  euer,  with  all  and  singulare  the  appui'tenances  belonging  ther- 
vnto,  on  condition  that  the  said  Zacary  Eedey  doe  continue  a  bridge  neare 
his  house  in  the  place  wher  it  is  needed  for  horse  and  cart,  for  the  vse  of  the 
countrey,  for  the  full  tearme  of  twenty  yeares  from  the  date  heerof. 

*The  Court  haue  graunted  vnto  Major  Josias  Winslow  a  farme  of  two  r*101.1 
hundred  acrees  of  vpland;  with  meddow  suitable  and  answarable  thervnto,  in 
regard  of  his  extreordinary  and  emergent  charges  by  him  expended  on  the 
countreyes  occations ;  the  which  farme  lands  hee  is  to  looke  out  for  in  any  pte 
of  this  goQment ;  and  vpon  his  choise  therof,  to  bee  and  appertaine,  with  all 
and  singulare  the  appurtenances  belonging  thervnto,  to  him  and  his  heires  and 
assignes  for  euer ;  and  the  Court  haue  appointed  M'  Constant  Southworth  and 
Cornett  Robert  Studson  to  lay  it  out  for  him. 

A  competency  of  land  is  graunted  vnto  M''  John  Alden,  Captaine  Thomas 
Southworth,  and  M'  Constant  Southworth  in  any  land  that  may  bee  found 
and  purchased  att  or  about  Namasskett  or  elswhere ;  which  when  it  is  sought 
out  and  purchased,  and  report  therof  made  to  the  Court,  to  bee  further  con- 
feirmed  to  them  and  theire  heires  &  assignes  for  euer.  ^''ence  the 

'  death  of  Leif- 

In  reference  vnto  a  former  libertie  graunted  by  the  Court  vnto  Cornett  tenant  Torrey, 
Studson,  two  hundred  acrees  of  land  is  graunted  vnto  him  on  the  southerly  ^^^  xi^easur 


reasurer 


side  of  the  three  mile  square  of  land  formerly  graunted  vnto  M"^  Hatherly,  ««  appointed 

by  the  Court  to 

the  said  two  hundred  acrees  of  land,  with  all  and  singulare  the  appurtenances  lay  it  out. 


96  PLYMOUTH    COLONY    RECOEDS. 

1665.      belonging  thervnto  to  appertaine  vnto  the  said  Comett  Eobert  Studson,  to  him 
"       "f       '    and  his  heires  and  assignes  for  euer,  to  bee  layed  forth  for  him  by  Leiftenant 

„  James  Torrey. 

Gou».  The  Court  haue  graunted  ynto  Wiliam  Brett,  Thomas  Haward,  Seni"", 

Arther  Harris,  Richard  Williams,  John  Willis,  and  John  Carey,  to  each  of 
them,  threescore  acrees  of  land  lying  betwixt  the  lands  of  Taunton  and  Teti- 
cutt ;  but  incase  these  lands  shall  any  of  them  fall  within  the  last  graunt  of 
Taunton,  these  lands  being  before  graunted  to  these  men,  notwithstanding  it 
shall  not  make  the  former  graunt  void,  but  that  the  said  lands  shalbee  and 
remaine,  with  all  and  singulare  the  appurtenances  belonging  vnto  them,  to 
the  said  Wiliam  Brett,  Thomas  Haward,  Sen?',  Arther  Harris,  Eichard  Wil- 
liams, John  Willis,  and  John  Carey,  to  them  and  theire  heires  and  assignes 
for  euer. 

Leiftenant  Freeman  and  Leiftenant  Rogers  are  appointed  by  the  Court  to 
view  a  certaine  Hand  petitioned  for  by  Richard  Higgens,  and  to  purchase  it  if 
they  shall  see  reason,  and  to  make  report  therof  to  the  Court,  that  if  they 
shall  see  cause  they  may  despose  of  it  to  him,  the  said  Richard  Higgens. 

Fifty  acrees  of  land  is  graunted  vnto  Roger  Annadowne,  lying  att  a 
place  called  the  Ten  Mile  Eiuer,  being  a  pte  of  that  land  which  Captaine 
Willett  bought,  lying  on  the  bounds  of  Rehoboth ;  the  said  fifty  acrees  of 
land,  with  all  and  singulare  the  appurtenances  belonging  thervnto,  to  apper- 
taine to  him,  the  said  Roger  Annadowne,  to  him  and  his  heires  and  assignes 
for  euer. 

[*  102.1  *Wheras  Wiliam  Nicarson  hath  illegally  purchased  a  certaine  tract  of 

land  att  Mannamoiett  of  the  natiues,  and  hath  noe  visible  estate  to  satisfy  the 
breach  of  order,  yett  hath  lately  submitted  himselfe  vnto  the  clemency  of  the 
Court,  this  Court  sees  good  to  alow  him,  the  said  Wiliam  Nicarson,  one  hun- 
dred acrees  of  that  land  att  or  neare  his  house,  to  bee  layed  out  according  to 
the  best  descretion  of  Barnard  Lumber,  Marshall  Nash,  and  Josepth  Howes ; 
and  the  rest  of  the  said  land  att  Mannamoiett  this  ^urt  graunts  vnto  M' 
Thomas  Hinckley,  M'  John  Freeman,  M'  Wiliam  Sarjeant,  M'  Anthony 
Thacher,  Nathaniel  Bacon,  Edmond  Hawes,  Thomas  Howes,  Seni',  Thomas 
Falland,  Seni',  Leiftenant  Josepth  Rogers,  to  them  and  theire  heires  for  euer, 
by  equall  proportions  to  bee  aloted  to  them,  prouided  the  said  Wiliam  Nicar- 
son haue  an  ecLuall  proportion  of  the  meddow  lands  there  with  them ;  and 
these  lands  to  bee  proportioned  between  the  said  M""  Hinckley,  M'  Freeman, 
and  the  rest  aboue  named,  and  the  said  Wiliam  Nicarsons  portion  of  land  to 
bee  layed  out  to  him  before  the  first  day  of  December  next ;  and  the  Court 
orders,  that  the  said  M"^  Hinckley,  M''  Freeman,  and  the  rest  aboue  named. 


COUBT    OEDEKS.  97 

alow  in  marchantable  countrey  pay  theire  equall  proportions  vnto  him,  the      16  6  5. 
said  Wiliam  Nicarson,  of  that  pay  as  hee  shall  make  apeer  vpon  just  account  ''       ' 

7  June. 

that  hee  payed  for  the  purchase  of  the  said  lands ;  and  this  Court  orders  and      p„j;noe 
impowers  the  said  Barnard  Lumbert,  Marshall  Nash,  and  Josepth  Howes,  in        ^o'^"- 
the  name  of  the  Court,  to  put  M'  Hinckley,  M'  Freeman,  M"^  Sarjeant,  and  ^^■^^j.  ^^^^^  g 
the  rest,  into  full  posession  of  the  said  lands  att  Mannamoiett :  and  the  Court  P*^^^  forward 

•^  m  this  Dooke. 

doth  graunt  libertie  vnto  M'  Hinckley,  M'  Freeman,  and  the  rest,  to  purchase 
the  tract  of  land  att  Mannamoiett  adjacent  as  are  not  piuxhased,  and  equally 
to  "proportion  them  amongst  themselues,  soe  that  it  exceed  not  aboue  one  hun- 
dred acrees  apeece ;  and  this  Court  ordereth,  that  none  of  them  shall  sell  or 
allianate  his  pte  or  proportion  of  his  lands  thervnto  any  pson  or  psons  what- 
soeuer  but  with  the  consent  and  approbation  of  his  associates  or  of  the  Court ; 
and  the  Court  orders  all  the  said  lands  att  Mannamoiett  to  appertaine  and  bee 
within  the  liberties  of  the  township  of  Yarmouth,  as  the  lands  between  Bound 
Brooke  and  Stony  Brooke  are,  vntill  the  Court  shall  see  cause  to  order 
otherwise. 

The  Court  haue  ordered,  conserning  the  land  att  Saconett,  in  reference 
vnto  the  petitioners  for  it  called  the  ancient  seruants,  that  none  shall  purchase 
the  said  lands  soe  as  to  bee  any  meanes  to  hinder  them  from  any  oppertunitie 
that  may  ^sent  for  an  orderly  purchase  therof,  in  order  to  a  supply  of  such 
of  them  as  are  vnsupplyed ;  the  psons  alowed  by  the  Court  to  purchase  it  for 
them,  if  any  opertxinitie  may  bee  had,  are  the  major  and  the  Treasurer. 

A  certaine  pcell  of  meddow,  or  such  swampy  ground  as  tendeth  towards 
meddow,  is  graunted  by  the  Court  vnto  Pheneas  Pratt  and  James  Louell, 
lying  on  the  westerly  side  of  Phenias  Pratts  land  that  was  graunted  vnto  him 
the  last  June  Corurt,  neare  vnto  the  line  betwixt  the  Massachusetts  and  this 
jurisdiction,  the  said  pcell  being  about  foure'or  fine  acrees,  bee  it  more  or  lesse, 
to  bee  equally  deuided  betwixt  them,  the  said  Pheneas  Pratt  and  James  Louell, 
to  them  and  theire  heires  and  assignes  for  euer. 

M'  Hinckley,  Richard  Bourne,  and  Nathanell  Bacon  are  appointed  by 
the  Court  to  purchase  some  land  of  the  Indians  in  the  behalfe  of  the  towne 
of  Yarmouth. 

Richard  Bourne  and  Wiliam  Bassett  are  appointed  by  the  Court  to  view 
and  purchase  some  lands  desired  by  Edmond  Freeman  and  Thomas  Butler 
lying  towards  Saconeesett,  if  they  find  it  worth  the  purchasing,  and  to  make 
report  of  it  to  the  Court. 

*The  Court  haue  ordered,  that  the  sume  of  fifty  pounds  bee  settled  vpon      r*l03  1 
and  payed  to  the  GoQ  for  this  ^sent  yeare,  to  bee  payed  out  of  the  treasury. 

It  is  enacted  and  ordered  by  the  Court,  that  notwithstanding  the  majes- 

VOL.    IV.  13 


98  PLYMOUTH    COLONY    RECORDS. 

16  65.     trates  bee  rated  to  the  charge  of  theire  table  and  the  officers  wages,  fliat  the 

■'       '    Treasurer  shall  take  it  of  from  them  and  place  it  on  the  countreyes  account. 
p         "  It  is  ordered  by  tbe  Coui-t,  that  Yarmouth  and  Marshfeild  bee  for  the 

Gou".        future  rated  ten  shillings  apeece  in  a  forty  pound  rate,  and  that  it  bee  charged 
on  Dartmouth. 

Conserning  a  highway  to  bee  layed  out  att  Yarmouth,  it  is  ordered  by 
the  Court,  that  the  jury  that  shalbee  impannelled  to  lay  out  the  said  highway 
shall  alsoe  judge  of  the  damag